VIJAY (HOUSE) 01 July 2013

Can a inherited property ( agri land) be sold ?

Hi ,

I want legal opinon about the sale of the Inherited property ( Agri Land).

Let me explain you in a breif.

My Father has got 7 Acr of land inherted from my grandfather ( 5 Year Back).

We are 2 sister to our father. ( Both Married)

My father has no interest in farming n I along with cousin borther have agreed on 50% Share basis we Doing the farming.

now, I went to check Pani(Land Record ) I found my father has taken the loan of 1 Lakh on land.

and the villagers have the roumers that my father want sell the land (and even Transfer it to his Sister's Sons).

as Married women I want know my rights on this land?

Please advise on this .

How do I make sure my father dosen't take any un-nessary steps that will hamper our(me n my Sister) share on this anistary land.

Please suggest.

regards,

Vijay

Reply Follow

5 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 01 July 2013

Hindu Succession Act, 1955 (25 of 1955) – Hindu Succession (Amendment) Act, 2005 (39 of 2005) –Effect of – Daughters, who were married before coming into force of Tamil Nadu Act 1 of 1990 on 25.03.1989, werw not entitled to benefit of ancestral property –– Tamil Nadu Act 1 of 1990 has been replaced by a similar provision viz. Hindu Succession (Amendment) Act, 2005

Mohammed Ameenuddin (Sr. Legal Manager) 01 July 2013

You need to check the record thouroughly with the concerned Tahsildar whether the date of transfer/sell of property by your father is prior to your marriage or not, if it was prior to your marriage then your claim will count, if its after your marriage, then Hindu Succession Act, 1955 will come into force.

-M A

VIJAY (HOUSE) 02 July 2013

Thanks for your reply,

Tranfer of Land had happiened before my marriage ( But After my Elder Sister Marriage).

I want to know how to put the checks so that, my father will not sell the land. ( More over is dependent on my Mother's Pension).

I also want know as you mentioned Hindu Succession Act, 1955 will come into force how do my sister's share will not be hamper. She should also get the share( I belevie 50 %).

Regards,

Vijay

VIJAY (HOUSE) 02 July 2013

... futher I belong to Hindu , Karanataka

Mohammed Ameenuddin (Sr. Legal Manager) 03 July 2013

After the commencement of Hindu Succession (Amendment) Act. 2005. The new Section 6 provides for parity of rights in the coparcenary property among male and female members of a joint Hindu family on and from 09-09-2005. Thus on and from 09-09-2005 the daughter is entitled to a share in the ancestral property and is a coparcener as if she had been a son. The States of Tamil Nadu, Andhra Pradesh, Karnataka and Maharashtra made necessary changes in the law giving equal rights to daughters in the ancestral property by enacting State amendments and in these states the daughters have been provided parity of rights in the co-parcenary property with effect from the dates notified by the said State amendments. The effective dates are:- Tamil Nadu(25-03-1989), Andhra Pradesh (5-9-1985) Karnataka (30-07-1994) and Maharashtra (22-06-1994). The State of Kerala abolished the joint family system by enacting the Kerala Joint Hindu Family System (Abolition) Act. 1975 with effect from 1-12-1976.