Inherit property
Ajay
(Querist) 04 December 2013
This query is : Resolved
Hi,
I am trying to find out if you can inherit agriculture land from my father's brother. We both are NRI and OCI card holders.
Any help in this matter will be appreciated.
Ajay
Guest
(Expert) 04 December 2013
First Tell us whether it is Ancestral Or how you wish to inherit the same.Whether your family is with you or in India.
R.K Nanda
(Expert) 04 December 2013
state full facts.
Ajay
(Querist) 04 December 2013
The land is ancestral.
Guest
(Expert) 05 December 2013
You could file a partition suit and the eligible share of your father that is half of the property would be coming to you.If your father is having any sisters the property would be equally divided among them.If your father's brother is not willing for amickable settlements then you could file a partition suit.If you are not able to be present in your place you could file the suit thro a power of attorney who is authorised by you.That's why I asked you where is your family living.
malipeddi jaggarao
(Expert) 05 December 2013
Expert Mr.Narasimha has given you outlines. Give full facts to fine tune the reply.
Rajendra K Goyal
(Expert) 05 December 2013
Under the given facts, file partition suit, if can not visit frequently entrust Power of Attorney to some reliable person to file and proceed with the case.
Ajay
(Querist) 05 December 2013
I guess I should have stated more facts. As far as I know being NRI you can only inherit agriculture land from your parents. So the question is if my fathers's brother who is also a NRI make a will to give me the land. Will this still fall under inheriting agriculture land or will cause other issues.
Guest
(Expert) 05 December 2013
The Will should not create any issues.There are also other options like Settlement Deed Or Gift Deed which would make you the absolute owner with immediate effect.It would be more advisable if yourself,father and your father's bro visit your native and complete the formalities of transferring it in your name apart from Registrations other things like taxes etc'The settlement deed is more cost effective there is only a standard fees of less than Rs.30000/- irrespective of property value which would make you the owner w;ef.there are no other procedures like probating of wii etc.When you visit you could also take measures to safeguard your lands to avoid any Encroachments in future In case of giftdeed The percentage is only one or two percent lesser than saledeed varies from state to state and in case of settlement deed first your father's bro has to settle in your father's name and your father could settle it to you.
malipeddi jaggarao
(Expert) 06 December 2013
In normal course it is not possible as it is agricultural property. However, you both can apply to RBI for granting specific permission.
malipeddi jaggarao
(Expert) 06 December 2013
In normal course it is not possible as it is agricultural property. However, you both can apply to RBI for granting specific permission.
prabhakar singh
(Expert) 06 December 2013
The law relating to agricultural lands in the State has to be checked first to ascertain of what class of tenure your father's brother is and whether he holds with transferable right,and the conditions in which the State can re-enter for take over.If class of tenure is clothed with transferable rights, one can go for a will
if there is no restriction specifically imposed or conditions laid down in the
State Act.
Whether State's Act lays down any law of succession(as there is in UP)or Hindu (or personal law) succession Act applies is another consideration.
Is your uncle issueless without heirs of class I and you would be a successor under class II (schedule)is another consideration.
T. Kalaiselvan, Advocate
(Expert) 07 December 2013
A Will will come into force only after the death of the testator, so what is the use of your uncle transferring the land in your favor through a Will now? In the ancestral property, you will have a share out of your father's share, like wise, your father's brother's children will have similar shares out of his share in the property, so the uncle cannot convey the entire share through a Will if he is survived upon by his children and wife, make sure you ask a query with proper details so that your query can be replied properly.
Rajendra K Goyal
(Expert) 08 December 2013
In the given circumstances gift deed is recommended.
