Agriculture land inheritance problem
Umed Lodhia
(Querist) 24 October 2011
This query is : Resolved
Hello Mr Mankkad or any other expert who can advise us for the following:
I am born in Gujarat and citizen of Canada. My father has agriculture land. We are four brothers and two sisters. My parents passed away. One of my sisters passed away.
My questions are:
(1) Who can inherit the agriculture land of my deceased father?
(2) My deceased sister' son tries to play with the title to get right to the agriculture land, what is the legal status?
(3)I and my eldest brother want to protect our rights and also protect ourselves with any mischief that any of other members try to play with the title of property without our knowledge, how we can do that/
Thanks for your help and advice
Umed Lodhia
Sankaranarayanan
(Expert) 24 October 2011
if he not made any will or partition or settlment then every one of your brother and sister have equal right.
sanjeev murthy desai
(Expert) 24 October 2011
My questions are:
(1) Who can inherit the agriculture land of my deceased father?
All children/ children of predeceased son/daughter
(2) My deceased sister' son tries to play with the title to get right to the agriculture land, what is the legal status?
He can. He has the absolute rights (1/6th share) in such property.
(3)I and my eldest brother want to protect our rights and also protect ourselves with any mischief that any of other members try to play with the title of property without our knowledge, how we can do that/
It is advisable to effect a partition of joint family properties to protect your rights.
Regards.
Sanjeev
prabhakar singh
(Expert) 24 October 2011
It will depend on state law if it provides for succession ,hence better consult a local revenue lawyer.
M V Gupta
(Expert) 27 October 2011
As advised by Shri Sanjeev Murthy Desai all the children of the deceased father will get a share in the property. As the partition is to be effected now, all the children including the daughters will get equal shares as per the recent amendment of 2005 to the Hindu Succession Act. The children of a predeceased son or daughter will be entitled to get the share of their deceased parent. However the division of the agricultural land should comply with the local laws governing the division or partition of Agri lands. Under these laws there is a prohibition against partitioning or transfer of agri land blow a specified area. This prohibition is meant to prevent fragmentation of agri land into uneconomical holdings.
