• Mutation of self-acquired agriculture land

Can I give my self-acquired agriculture land to one of my son by entering his right without having to take consent of other legal hairs. I am asking this as Gift-deed and Sale-deed requires account, and only way to transfer name is to enter right or something like that. I know Vasiyat/will is an option too. But can I do it during my life?
Asked 2 months ago in Property Law
Religion: Hindu

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10 Answers

Greetings. A gift deed is a perfectly viable option to transfer self acquired property as no legal heir has inherent right in that property. See it as this way, if you sell your self acquired property to a 3rd person you would not need the consent of your sons to sell it. You can do a gift deed without intimating anyone.

If you need any other clarification let me know.

Gagandeep Singh Thandi
Advocate, Pathankot
43 Answers

You can execute gift deed or sale deed in favour of your son 

 

2) you don’t need consent of other legal heirs as it is your self acquired property 

 

3) you cannot mutate land in favour of one of your sons without executing a registered document 

Ajay Sethi
Advocate, Mumbai
96918 Answers
7820 Consultations

- As per law , being the owner of the self acquired agriculture land , you can transfer the same to your said son without taking the consent by other legal heirs. 

-  You can write a Will in his favor in the presence of two witnesses , and further can register the same as well 

- However, a Will can be executed after your demise ,and not during your life time. 

- Hence, you can registered a conditional gift deed in his favor to make him owner of the land during you life time. 

Mohammed Shahzad
Advocate, Delhi
14505 Answers
221 Consultations

You have stated it to be your self acquired property that means you are the absolute owner of the property with clear and marketable title to the property.

In this situation you are at your liberty to transfer this property to anyone of your choice, you neither need to obtain the consent of your other children nor anyone to transfer this property to your chosen son.

You can transfer the property by a registered gift settlement deed or a registered sale deed, which are the immediate options before you to transfer the property to your son without any legal hassle for him.

You may even transfer the property by a Will but that will take effect only after your lifetime, and the danger is that the other aggrieved children may drag your chosen to unnecessary litigation stating that the will was forced or prepared on coercion etc. 

However please remember that you cannot transfer the revenue records to your son without transferring the property by a registered document.

T Kalaiselvan
Advocate, Vellore
87120 Answers
2338 Consultations

Dear Client,

If you want to transfer your self-acquired agricultural property to your son in india,you need to fulfill the following step

At first you have to prepare a gift that details the property and states it's voluntary transfer.Afterthat execute this deed on stamp paper of the value required by your state's stamp act.Then both you and your son need to sign on the deed in the presence of two witnesses and finally, registration of the deed should be done at the local sub-registrar's office,which formalizes the transfer and updates the property records in your son's name.No consent is require  from the other legal heirs for this self acquired property.

Thank you.Hope this answers your query.

Anik Miu
Advocate, Bangalore
10164 Answers
119 Consultations

Gift deed in your life time. No need of others approval. 

Yogendra Singh Rajawat
Advocate, Jaipur
22991 Answers
31 Consultations

Any transfer of property during lifetime should be by registered document 

 

consent of legal heirs is not required for self acquired property 

Ajay Sethi
Advocate, Mumbai
96918 Answers
7820 Consultations

For transferring your self acquired property in favor of chosen child, you do not require to obtain consent from your other children. You can very well transfer the property by executing a registered gift deed  to your chosen child.

For transferring the property by sale deed, the buyer should be an agriculturist either in this state or any other state. 

T Kalaiselvan
Advocate, Vellore
87120 Answers
2338 Consultations

- Only an agriculturalist can purchase such land in Gujrat 

- However, the person who has agriculturist roots ( i.e.: Family /extended family has to have documented evidence of farming) can purchase the same. 

- As per law , there is restriction on the purchasing the agriculture land in Gujrat , but not over the gift and inherited the property. 

- Hence, you can gift that land to your said son . 

Mohammed Shahzad
Advocate, Delhi
14505 Answers
221 Consultations

Dear Client,

If your father wants to partition his self-acquired property in Gujarat where he resides, during his life time, he generally has to seek consent of all the legal heirs especially, if his action is likely to affect the partition in any manner. Because the gift-deed and sale-deed expect the recipient to be a farmer and none of the heirs are farmers, other ways need to be used. Despite the operating of the Hindu Succession Act of 1956 an individual can in any way he wishes deal with the self-acquired property as he or she wants without reference to any legal heirs except where such actions would be prejudicial to the legal heirs. But to prevent any future complications, it is always safer to seek written consent of all the legal heirs before effecting any distribution or transfer of the property. It is wise to seek an attorney who is well versed in property laws in Gujarat to ensure that he or she provides specific advice on any complications that may be come up in the course of this process.

 

Hope you find this answer satisfactory.

Anik Miu
Advocate, Bangalore
10164 Answers
119 Consultations

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