Transfer of agriculture land as gift by a sc husband

MONIKA YADAV (Querist) 01 December 2023 This query is : Resolved
My husband belongs to schedule caste in Uttar Pradesh. I belong to OBC. We had intercaste arranged marriage in 2007 with willing of both side family members proper hindu vivah in presence of around 100 relatives.
Can my husband transfer the agriculture land that was purchased by him to me as a gift? Is it be permitted?

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A woman married to a Scheduled Caste (SC) husband in Uttar Pradesh inquired if he could gift her agricultural land he purchased. While generally a husband can gift self-acquired property, specific laws in UP, like the UP Zamindari Abolition Act 1952, restrict the transfer of agricultural land owned by an SC individual to a non-SC person. Therefore, even though the wife is OBC and not SC, the transfer might require permission from the District Magistrate or authorised revenue authorities.

T. Kalaiselvan, Advocate (Expert) 01 December 2023
There is no restriction or legal infirmity on your husband to transfer his self acquired property to his spouse by executing a registered gift deed.

kavksatyanarayana (Expert) 01 December 2023
Yes. There is no objection to getting a gift deed from your husband in your wife. If you convert this into non-agricultural purpose then it requires permission from the District Collector/Authorised Revenue Authorities.

Advocate Bhartesh goyal (Expert) 02 December 2023
Yes, husband can legally gift/transfer the land to his wife irrespective of cast,

Sudhir Kumar, Advocate (Expert) 02 December 2023
The problem here is that :-

1. an agricultural land belonging to SC cannot be transferred to non-SC, as provided inUP Zamindari Abolition Act 1952.

2. simply you are married to SC you do not acquire SC status and remain OBC.

Such transfer of land does not hit the intention behind the legislation. You may have to apply for permission of DM.

In this case

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