Legal Question in Real Estate Law in India
Me,my father,younger marrierd brother and younger married sister constitutes family.My father,me,my mother and my brother have lands in our name to the upper limit of cieling in state of U.P.,India.All our accounts are full and top to the limit beyond which we cant hold agricultural land in our name.Land is ancestral.I have one son living wife,my brother having two daughters and living wife.My mother and father lives togather with us.My fathers land needs to be secured as he is ill and wants to transfer land in our wives name both of whom are not holding single acre in thier name.How can it be done?Will it be legally prudent?Land ceiling would be applicable in transfer through will?If we want to give some land to our sister then would she be natural inheritor in absence of valid will after adoptation of laws 2006 which gives equal right to daughter married or unmarried in parents property.Our pupose is to save land.U.P land laws and zamindari aboilation act has provision for division of land.Would it overrule the 2006 laws?Please advice.
1 Answer from Attorneys
13.07.2013
Dear Sir / Madam,
1. If your father wishes to complete the transfer of the land standing in his name in the name of your wife and your brother's wife, he can do so by way of a registered Gift Deed or a Will. It is legally prudent.
2. Land ceiling would not be applicable in transfer through Will.
3. If your father chooses to gift a portion of his land to his married daughter, although your sister will be a natural inheritor, the prevailing gift tax on the transfer of the title of the land to her name will have to be paid.
Regards,
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