Advocate Meena Chaudhari

Questions Answered by Advocate Meena Chaudhari

Q: Can two plots have same survey number, ownership lies with whom ?

I am hindu. My father bought a plot 4 years back and register it in my name. We planned to construct a building in it, but one person is now claiming that this land belongs to him. Actually that land was agricultural land and some years back the owner make plots in it and sold to different peoples. So this land has no any plot number till now. And our plot is near to main road and can be easily accessible and the land of that person who is creating issues has his land nearby in inaccessible point. Both lands have same survey number, so that person is now creating some issues and told us that this is my land and yours is in that corner. What to do sir? please guide me.

Advocate Meena Chaudhari answered
When u purchased land ,land is divided into plots that means the onwer has layout plan made by architect.accordingly he sold plot. While purchaseing plot u registered sale deed. See in sale deed discriptiion of proprerty is given , and aslo boundaries r given.from that u can easily found which is your or which is his plot.

Q: What will happens if nri buy agricultural land in india?

i have purchased agriculture land in the name of my wife who is curtly staying with me out of India. She will go and settle in India permanently after 6 months. Is there any problem with this? if at all there is any problem what can be the consequences of nri buying agricultural land in india like how much penalty i need to pay or any other consequence possible?

Advocate Meena Chaudhari answered
As per notification No. FEMA21/2000 RBI dated May 3, 2000, NRI or PIO cannot acquire agricultural land or plantatiom (property or farm house) in India .Purchase of any property in violation of FEMA laws can result in fine or even confixation of such property. To purchase agricultural land approval of the Reserve Bank is necessary. In case i donot think u had a permission. When u perchase a land your wife is living in india . If at that she is in india , a person had purchased immovable property including agricultural land in india when he/she was an Indian citizen can continue to hold that property without the approval of the Reserve Bank after becoming an OCI card holder.If your wife is nri at the time of purchasing land .Do not do anying when govt.come to know they do as per procedure.

Q: How to convert adivasi land to general in India?

Can Adivasi land be purchased? If not, can it be leased? What is the maximum duration for a lease agreement—99 years or 25 years? How does one obtain permission to purchase Adivasi land? The property is located in Boisar East, Maharashtra. Could you please advise on how to buy Adivasi land in Maharashtra?

Advocate Meena Chaudhari answered
No u cannot purchase adivasi land inMaharashtra. Sec. 36A provibits the transfer of an occupancy of tribal to nontribal except with the previous sansaction of the Collector ( where the period of lease or mortgage does not exceed 5 years) or with previous approval of the state govt..

Q: The most convenient way for transfer of property from mother to son

My mother and I own an open plot of land which is 3000 sq ft. can we use the Hakka sodha patra method to transfer her share to me since the mother is transferring to son will there be stamp duty? I am hindu by religion. I am really confused which is the best and economical way as out of 5 lawyers 3 have suggested gift deed and other two Hakka sodha patra or relinquishment deed. Please suggest the best method & what are the disadvantages of relinquishment deed compared to gift deed. Is stamp duty applicable in relinquishment deed in my case? please help. also it states no tax benefits incase of relinquishing I don’t understand what it means. does it mean when I sell I will have to pay income tax in relation to capital gains or cannot claim benefit in terms of the cost to make this deed. if no stamp duty then I would definitely go for Hakka sodha patra then why all lawyers are not on same page.

Advocate Meena Chaudhari answered
Land, house or flat can now be transferred to one children or blood relatives without paying stamp duty. Only Rs. 500/- stamp is required for hakka sod patra. For income tax ask your CA .Mother can transfer her property to his son by way of hakka sod patra.

Q: Clarification on registration of agriculture plot

Sir/ mam, I have a plot at H road in N. The plot own as a power of attorney by my mother's name. Land is falling as agriculture. Can i registered plot and NA it. Please suggest me & help. Thank you. 

Advocate Meena Chaudhari answered
Agricultural land can be converted into a residential purpose. For the convention there is a procedure. You have to first take N. A permission. Then after by sanction layout land is divided into the plots. This is the procedure.