Aakash 07 August 2015

Farmer status by will (wasiyat) in gujarat

Hello Everyone,

My name is Aakash Mathur and I have inherited agricultural land in gujarat by Will from a family friend who is now deceased.

I am not a blood relative of the person and I have not executed the will till date although I am cultivating the land and it is in my possession.

However now, I wish to purchase some new agricultural land in Gujarat and hence I am executing the will. I have the following questions:

(1) Do i become a farmer in Gujarat if I have inherited land through will from a person who is not a blood relative? I have a land in Rajasthan and I am a farmer there but not in Gujarat. Do I have farmer status in Gujarat if I execute this will or if I am farmer in Rajasthan?

(2) Is it possible to execute the will in current date. I had not got the will executed since I have very good family realations with the deceased family and did not feel the need till now. The 7/12 Extract still has the name of the deceased. The deceased family has no objection to the same. I have the affadavit from the son of the deceased and other relatives that they have no objection.

Since this matter is a little complicated I would appreciate if any one of you can advice on the above matter.

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2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 08 August 2015

After the death of a person, his/her legal heirs may apply to the revenue authority of the area concerned for the transfer of the respective shares of the assets and properties left by the deceased, in their names.

The application giving details of the legal heirs as well as beneficiaries mentioned in the registered will left by the deceased shall also be annexed by a few below mentioned documents, such as:

1. Photocopy of will duly notarized,

2. Translated copy of the will in English, if it is in other language,

3. Liability affidavit of the beneficiaries to certify and affirm to abide by the rules and regulations governing the property and to pay the arrears towards the property,

4. Indemnity bond from the beneficiaries of the will to indemnify the revenue department from any fraudulent transfer,

5. Original death certificate of the deceased owner,

6. Photographs of the beneficiaries.

On receipt of this set of documents the revenue department, after verifying the given information, issues a transfer letter in favour of the beneficiaries of the will of the deceased.

Chirag Bhagat (advocate) 21 December 2015

Answer no. 1:

No, you cant become a farmer in gujarat but you can possessed agriculture land by way of executaing a WILL and you can not get a farmer status in gujarat.

Answer no: 2

you can execute a WILL at anytime.

but remember you can not be a farmer in gujarat by way of will as per Gujarat Land Revenue Code.