Transfer of weapon

[jaskaran.dhindsa]

Hi,

I need some help on below mentioned details.

The license holder is 72 years old and willing to surrender his license. His kids are not in India.Brothers age is 64 years
In this case can nephew be legally considered for the transfer.

Thank you

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[goodboy_mentor]

If the property/ gun in question is a self earned property, then he can gift it or sell it to anyone provided he has valid license. The nephew can apply for license under family heirloom category. If it is an ancestral or inherited property, the babus are likely to demand no objection certificate from all legal heirs to the gun before issuing license under family heirloom. The main thing is the nephew should get the license.

[jaskaran.dhindsa]

If the property/ gun in question is a self earned property, then he can gift it or sell it to anyone provided he has valid license. The nephew can apply for license under family heirloom category. If it is an ancestral or inherited property, the babus are likely to demand no objection certificate from all legal heirs to the gun before issuing license under family heirloom. The main thing is the nephew should get the license.

So the nephew would be legally considered under family heirloom. The babus are saying nephew cannot be considered under family heirloom.

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[goodboy_mentor]

So the nephew would be legally considered under family heirloom. The babus are saying nephew cannot be considered under family heirloom.

If the family is undivided/ joint family then it is family heirloom. Many families usually have shared land records in revenue department. For example land records are in name of grand father or great grand father.

The main problem is getting license for the nephew so that he can posses the gun. Babus are the real problem, Arms Act 1959 has no problem. Ask the babus what is the solution? Or if they are willing to issue license under self protection so that uncle can gift the gun to nephew, problem should be solved.

[Machoman]

if the Uncle is cancelling his licence and transferring to a blood relative like nephew,then the DM has got to issue the licence...this is the law atleast in Goa.