Daughters right in her fathers property ( agriculture land )
sandeep
(Querist) 31 March 2013
This query is : Resolved
Grand Father of my Mother had 14 acre Agriculture land in maharashtra. He died on 1955. They have 6 children's ( 1 Son i.e.My mother's Father & 5 Daughters ). After his death the right of all 14 acre land given to son ( My mother's father ) only . He was also died in 1976. After his death his 5 sisters added her & my Grand Mothers i.e. my mother's mother names in 7/12 utara for Varas without inform to may Grand mother. The all sisters had already married before my Grand Fathers death.
The above all sisters & my Grand mother had already died before 2005. My Grand Father having only 2 girls ( My Mother & her Sister ).
Their is no any partition done still today.
Know we have add my mother & her sisters name 7/12 utara against my Grand mothers name.
So currently their are 7 names on 7/12 utara. So i have some questions regarding this matter,
please advice me.
1. How can my Grand Father's Sisters got rights, if his father given all the property to my Grand Father?
2. If it is en-legal, how can we remove her names from 7/12 utara ?
3. Also if it is legal, how much share we have to give them ? ( Equal or as per Hindu act law 1956 )
So i request you to please guide me what is possibility in this matter.
Advocate M.Bhadra
(Expert) 01 April 2013
Information taken from:www.thehindu.com
THE Hindu Succession (Amendment) Act, 2005 is a landmark. After 50 years, the Government finally addressed some persisting gender inequalities in the 1956 Hindu Succession Act (1956 HSA), which itself was path-breaking. The 2005 Act covers inequalities on several fronts: agricultural land; Mitakshara joint family property; parental dwelling house; and certain widow's rights (see box). Some anomalies persist, but first, consider the achievements.
Agricultural land:
One of the most significant amendments in the 2005 Act is deleting the gender discriminatory Section 4 (2) of the 1956 HSA. Ironically, this amendment almost went unnoted, with Members of Parliament demanding during the Lok Sabha debate, what had already been done. Section 4(2) exempted from the purview of the HSA significant interests in agricultural land, the inheritance of which was subject to the devolution rules specified in State-level tenurial laws. In States where these laws are silent on inheritance, the HSA applied by default, as also where the tenurial laws explicitly mention the HSA. But, in Delhi, Haryana, Himachal Pradesh, Punjab, Jammu and Kashmir, and Uttar Pradesh, the tenurial laws specify inheritance rules that are highly gender unequal. Here, primacy is given to male lineal descendants in the male line of descent and women come very low in the order of heirs. Also, women get only a limited estate, and lose the land on remarriage. Moreover, in U.P. and Delhi, a "tenant" is defined so broadly that these inequalities effectively covered all agricultural land. U.P. alone has 1/6 of India's population. This clause thus negatively affected innumerable women farmers.
The 2005 Act brings all agricultural land on par with other property and makes Hindu women's inheritance rights in land legally equal to men's across States, overriding any inconsistent State laws. This can benefit millions of women dependent on agriculture for survival, as elaborated further below.
Pradeep MK
(Expert) 01 April 2013
Dear Sandeep,
The query lacks lots of important inputs like
Relegion on by which you are governed.
What was the age of your grand father and his sisters
When they got married
When your mother's grandmother died
You have said that all 14 acres land was given to your mothers father whether any document was executed
Who is in possession of the lands
sandeep
(Querist) 02 April 2013
Dear Mr. Pradeep Mk Sir,
We are from Hindu Family.
We have no any record when my Grand Fathers married, but it is confirm that they have married before 1955 & died on 1976. Their sisters are married before 1976 & died before 2005.
My mother’s grandmother died on 1964
After the death of my mother’s grandfather 1955, my mother’s father added his name on 7/12 for varas ( no any other documents given ).
We are having the possession on the land.
Know we want to sell that agriculture land, so how much share we have to give the ?
Please advice me. Thanks in advance.
Pradeep MK
(Expert) 02 April 2013
Dear Sandeep,
Following is the genealogy of your family.
A(Grand Father)
]
]wife (Grand Mother)
------------------------------------------
] ] ] ] ] ]
BSon D1(Daughter)D2 D3 D4 D5
]
]wife(Sandeep's GrandMother)
-----------------------
] ]
BD1 BD2
Sandeep's Mother
After the death of "A" B son become the sole owner of the joint Hindu property being the sole surviving male co-parcener in 1955. Sisters of "B" son will not get any share in the property of A as per the un-codified Hindu Law in the year 1955.
After the death of B Son in 1976 their being no male heir your mother BD1 and her sister BD2 inherited the property of their father "B" in equal proportionate. Sisters of the "B" will not have any legal right in the property as they are not legal heirs of "B" in terms of definition of 3 (f)of the Hindu Succession Act 1956. They cannot get any legal right only on the basis of entry in the revenue record when possession is with you.
Thanks
sandeep
(Querist) 03 April 2013
Thank you very much sir.
