Need advice on agriculture land
abdul rehaman
(Querist) 14 August 2011
This query is : Resolved
Sir
My grandfather left behind after his death 10 acres of agriculture land, he is survived by 2 sons n 4 daughters.My father is elder son n shared all family responsibility along with my grandfather,my uncle is a govt employ n staying away after his marriage.
My father wants to divide agriculture land in two parts one for him n other for my uncle, He wants to give his sister's there share in terms of MONEY,As per Shariat act Is it possible to give daughters there share in MONEY n keep agriculture land for sons? In my family ( my grandfather's brother's family) no daughter has inherited agriculture land ,they have been given money or gold instead of agriculture land can my father follow same costume .
Kindly advice
thx
Sailesh Kumar Shah
(Expert) 14 August 2011
Mr. Abdul,
Please tell us, in which state agriculture land situated. In India, law related to agriculture land is differ state to state.
R.Ramachandran
(Expert) 14 August 2011
First you have to determine as to what is their share. Thereafter you have to discuss with them and see whether they are ready to accept money consideration in lieu of the land share. If they are agreeable you can definitely implement your proposal. Law does not come in the way.
abdul rehaman
(Querist) 15 August 2011
Sir
The land is near dharwar North karnataka,this proposal has been discussed with them but they r not ready to accept,they want to take this matter to court,Is sharait act applicable for agriculture land in north karnataka wich was part of bombay province earlier,Is it possible through any Indian act to keep agriculture land n give daughters there share in terms of money.
thx
R.Ramachandran
(Expert) 15 August 2011
If they are not agreeable to monetary consideration in lieu of land, then you cannot do anything.
M V Gupta
(Expert) 17 August 2011
There is no prohiobition in the shariat law for the sharers agreeing to relinquish their rights for consideratin. However if the sharers (here sisters) do not agree to relinquish their share for money, you have to give their shares subject however to the local law governing the subdivision of agri land below a specified area. Please note that the Muslim Personal Law (Shariat) Application Act, 1937 excludes agri lands from the applcation of the Shariat law.
abdul rehaman
(Querist) 18 August 2011
sir,
As Muslim Personal Law (Shariat) Application Act, 1937 excludes agriculture lands from the application of the Shariat law.then In absence of any local tenancy laws , Is Indian succession act or any other act applicable or local family customs shall apply
abdul rehaman
(Querist) 18 August 2011
sir,
As Muslim Personal Law (Shariat) Application Act, 1937 excludes agriculture lands from the application of the Shariat law.then In absence of any local tenancy laws , Is Indian succession act or any other act applicable or local family customs shall apply
M V Gupta
(Expert) 18 August 2011
Part II of the I.S. Act deals with the succession to the Immoveable and moveable peoperty of a person. Section 4 specifically provides that it shall not apply to Hindus, Muhammadans, Sikhs, Buddhista or Jains.
prabhakar singh
(Expert) 18 August 2011
only tenancy law prevelent in north krnatka will apply ,please do not surmise that's absence as it must be there.consult a local Revenue lawyer of the District.
