My wife is from sc caste and I m from general
I purchsed a sc land on her name after marriage
Can this land is transfer to me or my children.
avniz aggarwal 29 July 2024
My wife is from sc caste and I m from general
I purchsed a sc land on her name after marriage
Can this land is transfer to me or my children.
T. Kalaiselvan, Advocate (Advocate) 30 July 2024
If you are a general candidate then the transfer of SC land to a general category candidate may not be permissible.
However your children are her children too, hence there may not be any problem for them to succeed to their mother's property provided they opt for their mother's caste and not their father's caste. .
Remember that your caste does not change by the virtue of your marriage with her.
avniz aggarwal 30 July 2024
Means there is no benefit of purchasing sc land on sc wife's name
T. Kalaiselvan, Advocate (Advocate) 31 July 2024
She is benefited as an owner of the property.
What else is the benefit are you looking for?
avniz aggarwal 31 July 2024
Originally posted by : T. Kalaiselvan, Advocate | ||
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She is benefited as an owner of the property. What else is the benefit are you looking for? |
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I want property can be transfered to me or our child. As per her choice
Jagriti Agrawal 31 July 2024
In such a scenario, you have 2 possible options:
1. You may ask your wife to willfully transfer the land on child name who must have adopted SC caste instead of General Caste. This can be transferred in the form of gift to your children by your wife. This option is the safest and best choice as per my study and observation.
Things to ensure are that your children must have SC category and your wife must clarify her free consent. Rest it will be treated as a normal contract of gift to a minor beneficiary raising no question of caste as both will have same caste plus your children would be the legal heirs of that land as well.
2. If you don't want to make any such adjustments and want the property to get transferred to your name then your wife needs to get a prior written permission of the collector for transfer to your name with one or more than one possible reason mentioned as per Section 98(1) of the Uttar Pradesh Revenue Code ( if you belong to Uttar Pradesh)
Some of the mentioned reasons for transfer are:
1. Your wife has no surviving heirs who will inherit her property.
2. Your wife is relocation from the place of property and this want to sell or gift.
1st scenario take us back to your children who are the easiest and safest choice.
In case 2, the chances of getting approved by collector is less as it raise the question of your relocation. This won't be a good choice.
Also another reason of not choosing option 2 is, obtaining the prior written permission from collector will be challenging as the transfer of SC land is strictly prohibited in various states and is absolute with no exception. ( In case you belong to state other than Uttar Pradesh)
In that case the best advice would be to consult a property law lawyer at your own state to check for the possibilities.
Shashi Dhara 01 August 2024