Agricultural land dispute
GLSV AKASH
(Querist) 25 April 2014
This query is : Resolved
Respected Sir,
I have agricultural land in rural area [village Approx.10,000 population]1 KM from village. This has been transferred approx. 40 years back in my name, but this has been maintained/used [under] by my brother. Now I want to sell it out.My querries as under :
[1]Can my brother claim as this was maintained by him & paid all taxes by him ?
[2] Can my sisters claim their share as this is ancister property ? If so how & in which section, is this serioud matter ? If I sold wihtout their consent ?
[3] Also guide us to my activities for safer side to pretend against these opposite parties.
[4] If this Agriculture land sold, Is this taxable ? If yes, guide me for min.tax.
[5] What are the Important points to be put in sale deed to be safe in future also.
Awaiting your valuable/concrete advise at your earliest.
Advocate Ravinder
(Expert) 26 April 2014
Before giving reply pleas clarify the below:
--What is the extent of land
--You said that 40 years it has been transferred in your name, you are also saying that it is ancestral property, which is correct. Presently on whose name the property is in the revenue records
--In what capacity your brother is maintaining the land, is he a lessee of the land, is there any lease deed (registered or unregistered), is it reflected in the pahanies (revenue records). Since how long is he in the possession of the land (how long maintaining).
ROHIT SHARMA
(Expert) 26 April 2014
Dear Mr. P. Kulkarni,
1. You say that such property was transferred in your name some 40 years ago.
2. Who, and how was such property transferred in your name needs to be clarified. Is your name alone reflected in the record of rights of such land ?
3. The fact deposed by you that such land property has been in the physical possession of your brother ever since past 40 years does entitle him the privileged title of being the actual possessor of such land property. You see there are many types of possession but possession by it self is a legal right.
4. I would be able to give you my legal opinion as upon the relevant fact as to whether your brother can divested of his possession and whether you can sell such property only after you confirm the inquiry posed by me in above para (2).
5. In the same manner the other inquiries posted by you as regards with your sister's claims - can be answered likewise after you confirm the inquiry posed by me in above para (2).
6. The aspect of your plans to sell such property can be envisaged after you confirm the inquiry posed by me in above para (2).
7. If need be and that is if you feel that it would be worthwhile to have a verbal phone consultation with lawyer then you may consider to opt for phone consultation with me with an understanding of payment of post paid phone consultation charges which are of course negotiable up to a minimum limit.
Adv. Rohit Sharma.
(B.Sc. L.L.B. L.L.M.)
(M) : 09824047971.
E-Mail : lawgate1349@gmail.com.
T. Kalaiselvan, Advocate
(Expert) 26 April 2014
The author may first answer the question raised by experts in this regard to get a proper opinion and advise for is problems.
ABDUL RAZIQUE
(Expert) 26 April 2014
Without knowing all facts it is difficult to say what will be right procedure, though if land is recorded in your name by the legal procedure than you can sale that property and no one can be challenged.
GLSV AKASH
(Querist) 28 April 2014
Thanks to all experts. I am 52 year old. This land has been transferred in my name approx. 40 year back by my father & grand father, which is till today in my name only[ only my name in revenue records]. As I am in service in different city, my brother is looking after without any agreement/documents between us. And brother is also having his own lands in his name, which have transferred 40 years back.
Now brother is not leaving my land, what steps to be taken by me, to get the land as well as to sell it out.
ROHIT SHARMA
(Expert) 28 April 2014
Dear Mr P.K.Kulkarni,
1. It appears that the ancestral [property was partitioned by your grandfather with the consent of his son ( i.e. your father) as by way of family settlement, and both of his grandsons ( i.e your grandfather's) then had got their own share and their names were mutated in the record of rights of the land forty years back.
2. Now the question that whether if your brother being in physical occupation of the part of your share and paying taxes can claim to be be the owner even of your share in such property partitioned forty years back ? The answer is in negative.
3. Since such partition of ancestral property was done forty years back and at that time your sisters were excluded from such partition, then in such a situation your sister's now cannot claim to be co-parcerners of such property.
4. If you are intending to sell your share in such property you can do so but it can be sold to only an agriculturist.
5. The proceeds for such sale of agricultural land would be deemed as long term capital gains and the income would not be taxable. But then you will have to purchase a new agriculture land within three months of sale of such of your share in such property of yours.
GLSV AKASH
(Querist) 28 April 2014
Lot of thanks for providing proper guidance as well as strengthining me. As per Income tax ready reckoner, page no.139, Point no.8 explaines that tax is not applicable. Lastly Pls. guide me that after selling this land, I want buy flat/shop in urban city. Can I ? I don`t want to purchase any agricultural land. Are there anything to invest ? Awaiting your valuable advice.
T. Kalaiselvan, Advocate
(Expert) 29 April 2014
Well advised by experts, I agree with their views, for your further queries you may consult your auditor.
GLSV AKASH
(Querist) 27 March 2015
Lot of thanks to all experts for providing information/knowledge. Now I wnated to sell my agricultural land to outside person without sister consent. My sister is also claiming in this land. Has she legally claim her share ? If it goes to court, Generally what will be the decision? Who has to give her share ? Who are the sufferer myself OR purchaser ?
Awaiting suggestion from experts.
T. Kalaiselvan, Advocate
(Expert) 27 March 2015
Your latest question too was properly answered by experts above. However, please note that since the property was duly partitioned and settled on your name, you are the absolute owner of it, you can proceed with the sale of the same without any need to take consent of your sister.
