Legal advise for agriculture land
Ahmed Tokraliya
(Querist) 26 October 2015
This query is : Resolved
Hello Sir,
I am asking for my Hindu friend not for me.So,please advise me as per hindu law
I have 1 imp query..........
My grandfather(nanaji) got expired in AUGUST'1989 and my mother get expired in MAY'1989.My nanaji has 2 son and 1 daughter.It obvious,My mother get married before 2005 and both expired.I mean before HSAA 2005 ACT.
So I want to know can I(son) claim in 2009 on my nanaji's Agriculture Land?In 1990 my nanaji's son has transfered his land in their name.This is the case of Gujarat.
------ As per Hindu Succession Amendment Act 2005,Daughter has equal right on agriculture land even married daughter also.
Has all restrictions on date of marriage ,date of birth before,unmarried have been struck down after the above judgements. Also the supremacy of the Central Act of 2005 over various state amendments has been upheld in the above judgements.As I have heard this.
Pls advise me asap.
Thanks
niranjan
(Expert) 26 October 2015
Daughter i.e.your mother has 1/3rd share in the property and you can file suit for partition against your mamajis(maternal uncles).Your question would not fall under sec.6,but it would fall under sec.8.
Rajendra K Goyal
(Expert) 27 October 2015
All the legal heirs of your mother should file case for partition for the said property.
K.S.Srinivas
(Expert) 29 October 2015
I agree with Sri Rajednra K Goyal.
T. Kalaiselvan, Advocate
(Expert) 01 November 2015
If your grandfather died intestate and if it was his self acquired property, then the legal heirs of his predeceased daughter are also entitled for her rightful share in the property, if this is the situation, you may file a partition suit claiming our legitimate share in the intestate property left behind by your father in the capacity of legal heir to your deceased mother.
