agricultural Land transfer agricultural Land transfer

6 months ago

Hi, My name is Madhukar Pawale I'm 35 yrs old farmer from Nanded Maharashtra, and I want want to transfer 2 acres of agricultural land toy 8 year old son... please guide me how to do it

Legal Counsel Vidhikarya

Responded 6 months ago

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A.Dear Client,
The Transfer of Property Act, 1882 states that a minor can only become an owner of the property when anyone gifts them a piece of property. The Registration Act, 1908 prohibits minors from signing property registration papers or any other legal document before they turn 18 years old. So, when any gift has to be accepted by the minor to make it effective, it is advisable that the gift is accepted by the natural guardian of the minor on behalf of the minor, to avoid any hassle. Prepare the property papers with the minor’s name as the owner and your name as the guardian. The natural guardian for minors under the Hindu Minority and Guardianship Act of 1956 is their father who will be the signatory authority during the registration of the Deed of Gift. After the father, the natural guardian of a minor child is the mother. If a minor receives a property as a gift or purchases one in their name, it is not taxable. According to the Hindu Minority and Guardianship Act of 1956, even if you are in the property deed as the guardian, you cannot sell that property. So, if you want to sell it for an urgent requirement of funds, you will have to make an application to the court. However, if the minor objects to the sale, the court will hold the transaction void. Reach out to an Advocate for guidance and steps.
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Anik

Responded 6 months ago

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A.Dear Client
Register the gift deed or transfer deed at the Sub-Registrar's office within the jurisdiction where the property is located. Both you and your son, as well as two witnesses, will need to be present during the registration process.
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