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Mahesha (Asst. Manager)     02 February 2010

Buying Agricultural land

Hi,

My grand father was a farmer and he had 6 sons. My father was the eldest and got a Govt job. My father had two wives. I am son of 2nd wife.

After my grandfather, all 6 children’s managed the whole property and when my father passed away all the brothers decided to take the share of their property and partition was done. Property belongs to my father transferred to my step mother and my mother didn’t want to fight for the share in that as a second wife.

Now my mother is willing to buy the agriculture land in her name. Is she allowed to buy the land. Her source of income is house rent which is around Rs 75000 per year. Does my income also becomes of family income as per 79B of Karnataka Land reforms Act.

Apart from this out of my 5 uncle’s one of my uncle is ready to gift a 10 units of land to my mother and all their family members agreed for the same. Could you please let me know whether gift is valid?.

Kindly reply to this pls…

Regards,

Mahesha M


Learning

 2 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     02 February 2010

Gift is valid and there is no hurdle to buy land by you though your mother has not disputed the partition already taken place but even then she can buy in Kanatka as her husband was owner of the agriculture land. Even after gift deed, she can herself become entitled to buy any agricultural land as per her whims and wishes.

Mahesha (Asst. Manager)     03 February 2010

Dear Sir,

Thanks for your mail. This is what I understood from your reply.

1. If my uncle is ready to gift a agriculture land she is having all the rights to receive the same and that gift is valid.

2. Even without the gift from my uncle she can purchase the agriculture land from any other person.

It would be great if you provide your mail id, I have few more doubts in this regard.

Mahesha M

 


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