Agricultural land transfer from father to son
vinayaka
(Querist) 23 April 2014
This query is : Resolved
Hi,
We are 2 children’s for our parents.
My father got 1 acre as ansister property & 2 Acers self-earned property.
Last year myself & my sister has agreed to take one lakh from my father & did the release deed to my father’s name. now my father want to transfer 3 Acers of agricultural land to my name. Kindly suggest how to transfer 3 acere agricultural land to my name ?
My sister is not ready come & sign again for any reason our relationship is not good now.
i am working in a private company & earning more that 2 lakh per year . AS per Section 79 A karnataka land reform act i am not supposed to get Gift of agricultural land .
If my father writes a will on my name in future at the time of will execution can my sister go to court & prove that will is one sided ?
Kindly suggest me.
Please contact me at 9986048099
Thanks,
Vinayaka
Devajyoti Barman
(Expert) 23 April 2014
The Will is likely to be challenged by your sister.
Rather ask him to execute a family deed of settlement whereby he can settle a part of 3 acres of land favour of your sister to avoid future animonsity.
vinayaka
(Querist) 23 April 2014
we have one 30*50 site near 3 acre of land . If My father writes a will by giving that site to my sister & remaining 3 acere of land to my name, Will this also be one sided? can my sister challeng this will too?
ajay sethi
(Expert) 23 April 2014
contact a local lawyer . get will drafted by him . see to it that will is signed by your father in presence of 2 attesting witnesses . enclose doctor certificate as to your father health . in such a case if your sister challenges will chances of success would be bleak
ajay sethi
(Expert) 23 April 2014
since your father has made provision for your sister in will you can succeed in getting probate of will . it is not necessary that all children be provided equally . the nature of will is such that some legal heirs get more than others
vinayaka
(Querist) 23 April 2014
Hi Ajay, Can you please elaborate for Doctor certificate which doctor do we need to contact ? for example Physician or psychological doctor? which doctor do we need to contact?
ajay sethi
(Expert) 23 April 2014
your family physician if your father is fit and not suffering from any major ailments
vinayaka
(Querist) 23 April 2014
As mentioned above what is "execute a family deed of settlement"?
Thanks you Deva jyothi & Ajay sethi for you valuabel feed back.
Rajendra K Goyal
(Expert) 23 April 2014
Consult a local lawyer and get it drafted.
Devajyoti Barman
(Expert) 23 April 2014
welcome...your father can not execute Will in respect of his ancestral property solely in your favour.
vinayaka
(Querist) 23 April 2014
Hi Please guide me,
My father got ancestral property of one Acer agricultural land and one 30x52 site and he has 2 acre of self-earned agricultural land. for ancestral property of one acre agricultural land and 30x40 site myself and my sister have given a registered release deed to my father, by taking one lakh rupees each last year . At this point of time my father can write will for his ancestral property & self-earned property? My father is planning to give me 3 acre of land(one acre of ansister property & Two acre of self-earned property to my name) and for my sister he is planning to give one site(from ansiteral property) through will. in future at the time of will execution can my sister go to court & prove that will is one sided or justice is not done to her ?
kindly guide me how to proceed with the will at this situation.
My sister is not ready come & sign on any document again for any reason our relationship is not good now.
i am working in a private company & earning more than 2 lakh per year . AS per Section 79 A Karnataka land reform act i am not supposed to get Gift of agricultural land .
If my father writes a will on my name by giving 3 acre of land(one acre of ansister property & Two acre of self-earned property) to my name & one site (ansiteral property) to my sister's name. In future at the time of will execution can my sister go to court & prove that will is one sided or justice is not done to her ?
Kindly suggest me.
Please contact me at 9986048099
Thanks,
Vinayaka
P. Venu
(Expert) 24 April 2014
What is the content of the release deed signed by you and your sister? Was it duly registered?
vinayaka
(Querist) 24 April 2014
Content in release deed is myself & my sister are taking one lakh rupees each & want to release our rights on our ancestral property to my father.
Yes relese deed is registered last year 7 months ago.
ajay sethi
(Expert) 24 April 2014
yes your father can make a will . by registered release deed you and your sister have relinquished your interest in ancestral property .
vinayaka
(Querist) 24 April 2014
Hi Ajay,
I hope my father can write a will by giving one acre ancestral property & 2 acre of self-earned land to me & one 30x52 site ancestral property to my sister.
as you explained earlier if my sister challenges will chances of success would be bleak?
one think i noticed while entering the site details in Release deed, in north x person site & in south y person site. deed writer has entered north & south details ultta (opposite) will it be problem?
if yes how to correct it ?
ajay sethi
(Expert) 24 April 2014
i have already advised you at length .it is necessary to go through release deed to advice . consult a local lawyer
vinayaka
(Querist) 24 April 2014
Thank you soo much ajay.
i have been reading your answers in this forum & i must say your quick turnaround & answers are much appreciated. Thank you from bottom of my heart.
T. Kalaiselvan, Advocate
(Expert) 25 April 2014
Mr. Vinayaka, your father can execute a Will in favor of any one in any manner because as you said that you and your sister have already executed a registered release deed in his favor after accepting the due consideration towards your rights in the ancestral property, the proposed Will made by your father even if it challenged at the time of probating it, as experts suggested the success appears very weak. Now you can proceed as advised or take the help of a local lawyer to proceed properly in case you are still in doubt about few aspects.
