Sell of Agricultural Land in Gujarat
HARSHIT RATHOD
(Querist) 16 July 2017
This query is : Resolved
Hello,
I have a agricultural land in Gujarat which was owned by my father for years, I have completed the transfer formalities and on Sept 2016 the 7/12 also reflects the same. My question is can i sell a part or the entire land to some one else,as currently the farming is done my Step Uncles and I am not in good relationship with them .Also the Crop loan in transferred in my name as my father had it.
Is there any possibilities of my other family members (Step ones) can interfere during the course of my selling. If yes i would preplan myself in advance with Legal formalities before putting the land for Sale.
Thank you
P. Venu
(Expert) 16 July 2017
If the land belonged to your father, how is that the step uncles in possession and cultivation. It appears that you have not disclosed the complete information. Prima facie, it appears that the property is jointly owned by the family. Please post the complete information.
Kumar Doab
(Expert) 16 July 2017
If uncles are also owner they may object.
HARSHIT RATHOD
(Querist) 16 July 2017
P. Venu Sir,
My grandfather had 2 wives and my Dad was their only child from 1st marriage. My family used to do cultivation on 2 different parts of land, 1 which was jointly owned and the other solely owned by my Dad. Post my Dad's death, a rift was created between me and my Uncles as they wanted a share on my Dad's owned land too. I have legally transferred the Land on to my Mom's and my name as of Sept 2016. The land is still used for cultivation by my uncles as they live in Gujarat and I live in Mumbai. I want to sell only the land which was owned by my Dad and which had is in my name now as per the latest 7/12.
Do i need to put a legal stay 1st on their cultivation 1st prior to selling it off ?
Rajendra K Goyal
(Expert) 16 July 2017
If the land is transferred in your name, you can sell its some portion subject to local law puts no restriction in such transaction.
Guest
(Expert) 16 July 2017
Agree with Mr.RK Goyal
Guest
(Expert) 16 July 2017
Well Advised Please..............
Guest
(Expert) 16 July 2017
Follow the Advise of Mr.RK Goyal
Guest
(Expert) 16 July 2017
Agree with Experts......
Kumar Doab
(Expert) 16 July 2017
Are uncles not paying any share from profit or any amount gained from cultivation!
Either resolve amicably or thru legal process.
If possible and suitable to you evaluate sale at market rate to uncles.....
P. Venu
(Expert) 16 July 2017
Prima facie, the lands belong to you and and you can sell. However, it may not advisable over-rely on the entry in revenue records as absolute documents as to title. In the light of the facts stated, the question that arises is to how did your father acquire the land, which you had stated to be solely owned by him.
Kumar Doab
(Expert) 16 July 2017
Subsequent to the observation by Mr. P.Venu:
How did the whole land was transferred in the name of mother?
Did your father sign any agreement with uncles?
HARSHIT RATHOD
(Querist) 16 July 2017
The land was purchased by my father years back and the taxes where paid on yearly basis. Also the Crop loan was taken by my father to keep a hold on transfer or inclusion of any illegal heirs. The transfer of land on to my mothers name was done post the submission of death certificate and hereditary certificate (Pidhi nama). I too have a title clear documents as i was needed by Bank to transfer my Dad Crop loan onto our name.
Vinod kashyap
(Expert) 17 July 2017
yes you can sell this land jointly with your mother.
Kumar Doab
(Expert) 17 July 2017
Procedure seems to have been followed for Inheritance.
The updated mutation record showing names of owners by inheritance may suffice.
Once rights of owner are attained one can act like owner.
P. Venu
(Expert) 17 July 2017
Yes, you can sell the land.
Kumar Doab
(Expert) 17 July 2017
Subsequent to discussion in the thread spend quality time with your own local senior and very able counsel specializing in revenue/civil matters and show all docs on record, for a considered opinion...........
Prefer to act under expert advise of your local counsel as suggested above.
