Purchase agricultural land in gujarat
kaushik pandya
(Querist) 26 December 2020
This query is : Resolved
My Father & My Brother are legal farmers,In Gujarat
My Father expired in 1992 leaving some agricultural land ,it was transferred to my mothers name,my brothers name and my name me(sister),
Later due to family seperation my mother and me( I ) released our right in favour of my brother,in the year 1999
Now my mother nor I do not have any agricultural land in our name,
Is it possible today that my brother gifts me some agricultural land,my brother is still a farmer and he has got agricultural land in his name,
Thankyou,
Isaac Gabriel
(Expert) 26 December 2020
Yes. your brother can gift you his land, the charges are minimal.
kavksatyanarayana
(Expert) 26 December 2020
Yes. Your brother can gift the property to you as you are the sister to him who is an agriculturist.
P. Venu
(Expert) 27 December 2020
The gift would be valid if you are an agriculturist as defined under Section 2(2) the Gujarat Tenancy And Agricultural Lands Act, 1948 :
(2) "agriculturist" means a person who cultivates land personally;
Moreover, the proviso to Section 63 empowers the revenue authorities make exemption subject to conditions
"63. (1) Save as provided in this Act,—
(a) no sale (including sales in execution of a decree of a Civil Court or for recovery of
arrears of land revenue or for sums recoverable as arrears of land revenue), gift exchange or lease of any land or interest therein, or
(b) no mortgage of any land or interest therein, in which the possession of the mortgaged
property is delivered to the mortgagee, or
(c) no agreement made by an instrument in writing for the sale, gift, exchange, lease
or mortgage of any land or interest therein.
shall be valid in favour of a person who is not an agriculturist or who being an agriculturist cultivates personally land not less than the ceiling area whether as an owner or tenant or partly as owner and partly as tenant or who is not an agricultural labourer:
Provided that the Collector or an officer authorised by the State Government in this behalf may grant permission for such sale, gift, exchange, lease or mortgage, or for such agreement on such conditions as may be prescribed:
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Dr J C Vashista
(Expert) 28 December 2020
Very well analysed, opined and advised by expert Mr. P Venu, I concur and appreciate.
However, It is better to consult and engage a local prudent lawyer for better appreciation of facts/ documents, professional advise and necessary proceeding.
