LEGALITY OF EX-POST FACTO PERMISSIONS FOR PURCHASE OF AGRICULTURAL LAND BY NON-AGRICULTURIST

In Maharashtra, there is statutory restriction on transfer of agricultural land in favour of non-agriculturists. Such transfers shall be invalid unless permission from the Collector is obtained as provided under section 63 of the Maharashtra Tenancy and Agricultural Lands Act, 1948 (“MTAL Act”) . There have been infamous instances where parties either out of ignorance […]

PURCHASE OF UNDIVIDED SHARE IN AGRICULTURAL LAND BEFORE PARTITION

One may come across scenarios where agricultural land is jointly held by multiple persons who have either collectively purchased the land or inherited the same as legal heirs of the erstwhile owner/s. In these kind of transactions, an alarming question always lingers in minds of prospective purchasers, “Whether we can purchase undivided share of one […]

CAN POWER OF ATTORNEY INCLUDE POWER TO GIFT?

One might come across clauses in power of attorneys (POAs) which more or less say that, “I hereby authorize Mr. ABC to sell, transfer, mortgage and/or gift the said property on my behalf.” What if we told you that there is something inherently wrong with the way above clause is worded in respect of power […]

DOES NOMINEE BECOME OWNER OF FLAT ON DEATH OF THE SOCIETY MEMBER?

There has been some confusion regarding the nature and extent of rights acquired by a nominee in co-operative housing societies in case of death of the member (flat owner). Basic conflict being whether the nominee will become entitled to ownership of the flat and be permitted to dispose off such flat to the exclusion of […]