Land gift deed.
Chetu
(Querist) 23 May 2016
This query is : Resolved
Hi experts,
Does 79A/B Karnataka land rules applies for daughter to take gift from father,currently daughter is staying at father house.
She has right to take 2acres of father own earned agriculture land through gift deed?
Please tell legal way of owning the father land by daughter
Kumar Doab
(Expert) 23 May 2016
>>> THE KARNATAKA LAND REFORMS ACT, 1961
CHAPTER V
RESTRICTIONS ON HOLDING OR TRANSFER OF AGRICULTURAL LANDS
79A. Acquisition of land by certain persons prohibited.
79B. Prohibition of holding agricultural land by certain persons
80. Transfers to non-agriculturists barred.
81. Section 79A, 79B, and 80 not to apply in certain cases.
1
[81A. Declaration to be made before the registering authority in
certain cases.
http://dpal.kar.nic.in/10%20of%201962%20(E).pdf
>>> KARNATAKA ACT NO. 33 OF 2015
THE KARNATAKA LAND REFORMS (AMENDMENT) ACT, 2015
2. Amendment of section 79A.- In the Karnataka Land Reforms Act, 1961 (Karnataka Act
10 of 1962) (hereinafter referred to as the principal Act), in section 79A,-
(i) in sub-section (1),-
(a) for the words and figures, "Land Reforms (Amendment) Act, 1995," the words and
figures, "Land Reforms (Amendment) Act, 2015" shall be substituted: and
(b) for the words "two lakhs" the words, "twenty five lakhs "shall be substituted.
(ii) in sub-section (2), for the words "rupees two lakhs" wherever they occur, the words
"rupees twenty five lakhs" shall be substituted.
3. Amendment of section 80.- In section 80 of the principal Act, in the proviso for the words
“Assistant Commissioner” occurring in two places, the words “the Deputy Commissioner” shall
respectively be substituted”
http://kredlinfo.in/solargrid/33%20of%202015%20%20(E)%20(1).pdf
Chetu
(Querist) 23 May 2016
Hi Experts,
Sorry to ask again.
Does this mean,not possible to get land from father.
P. Venu
(Expert) 24 May 2016
The provisions cited are of no application when a daughter acquires land from her father.
Chetu
(Querist) 25 May 2016
Thank you all for your inputs.
understood that no problem with 79a/b for daughter to acquire land from father.
Thank you P.Venu sir,for explaining in simple manner as a common people can understand
Kumar Doab
(Expert) 25 May 2016
I too join the author in congratulating Expert Mr. P.Venu.
I am not from Karnataka and my limited understanding prompts to post as following:
The Gift to the daughter i.e. in family (your sister) may be permitted, if she fulfills the conditions inserted in the Act/Amendment.
THE KARNATAKA LAND REFORMS ACT, 1961
http://dpal.kar.nic.in/10%20of%201962%20(E).pdf
2. Definitions:
(3) “agriculturist” means a person who cultivates land personally;
Explanation II.—In the case of a joint family, the land shall be deemed to be cultivated personally, if it is cultivated by any member of such family.
[(12) “family” means,— (a) in the case of an individual who has a spouse or spouses, such individual, the spouse or spouses and their minor sons and unmarried daughters, if any;
(b) in the case of an individual who has no spouse, such individual and his or her minor sons and unmarried daughters; (c) in the case of an individual who is a divorced person and who has not remarried, such individual and his minor sons and unmarried daughters, whether in his custody or not; and (d) where an individual and his or her spouse are both dead, their minor sons and unmarried daughters;]1
RESTRICTIONS ON 1 [HOLDING OR] 1 TRANSFER OF AGRICULTURAL LANDS
2 [79A. Acquisition of land by certain persons prohibited.—(1) On and from the commencement of the 3 [the Karnataka Land Reforms 96 Land Reforms [1962: KAR. ACT 10 (Amendment) Act, 1995]3 , no person who or a family or a joint family which has an assured annual income of not less than rupees 3 [two lakhs]3 from sources other than agricultural lands shall be entitled to acquire any land whether as land owner, landlord, tenant or mortgagee with possession or otherwise or partly in one capacity and partly in another.
(3) Every acquisition of land otherwise than by way of inheritance or bequest in contravention of this section shall be null and void.
80. Transfers to non-agriculturists barred.—1 [(1)]1 (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 or 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, shall be 2 [lawful]2 in favour of a person,— (i) who is not an agriculturist, or
(iv) who is disentitled under section 79A or section 79B to acquire or hold any land:]3
Provided that the Assistant Commissioner having jurisdiction over the area or any officer not below the rank of an Assistant Commissioner authorised by the State Government in this behalf in respect of any area may grant permission for such sale, gift, or exchange, 3 [to enable a person other than a person disentitled to acquire or hold land under section 79A or section 79B]3 who bona fide intend taking up agriculture to acquire land on such conditions as may be prescribed in addition to the following conditions
Your Father has to make application to assistant commissioner { “the Deputy Commissioner”..............as inserted in KARNATAKA ACT NO. 33 OF 2015 THE KARNATAKA LAND REFORMS (AMENDMENT) ACT, 2015} for permission to gift such land.
If the daughter (your sister) fulfills the conditions the GIFT to her may be permitted, by the authority.
Rajendra K Goyal
(Expert) 27 May 2016
Well advised, agree with the expert Kumar Doab.
