Dear Sir
Greetings of the day!
My query is as under,please
A and B are registered as gair marusi (Non occupancy) tenant in revenue record of their tehsil in himachal Pradesh (H.P).
During the period when A was out of state (H.P),B without letting him know constructed Shops on land which was on the road head (adjacent to National Highway), when A came back and objected B threatened A and said he wil not give any shop to A.
A being alone helpless person and not aware of LAW regarding gair marusi property related disputes accepted it as his fate and to avoid confrontation and for safety of his life kept quite.
After some years again when A was out of country, B started making shops on the remaining piece of land but this time A came to know about B's unlawful act and through lawyer got stay against B's illegal construction activity.
During court hearing dates B expired. Also,B never appeared before judge dispite of multiple summons.
My query is
As B is having daughters only and no son, and as per the H.P State tenancy and land reforms act 1972, in case of gair marusi property mutation is done only for male legal heirs (sons) and not for daughters(daughters name can not be included in revenue record).
In that case can his daughters continue case (to fight against stay order) to get it quased?
Also, as per the H.P Tenancy and Land Reforms act 1972 who is the owner of shops constructed by B, his wife is also expired.
Thanking you in anticipation of your expert opinion please
Sincerely
An member
