Grandfather's agricultural property disputes
himanshu patel
(Querist) 09 September 2012
This query is : Resolved
Dear Sir,
My grandfather having agri. land more than 25 acres in gujarat,. He expire before some period.and all legal documents and paper on his name.
My father is elder son and having 3 bros. and 2 sisters(married). After death of my grandfather all six becomes right owner of this property.
But some of my uncle doesn't agree on equal land distribution to sister and some want more part. So this property could not transfer to each persons name legally.
More over out of 25 acre land, 5 acre was directly named to my one uncle's name. So he is refusing to consider this part as joint property.
My query
1. What legal action can I or my father can take to get my fathers part on his name.
2. My 2 uncles doing farming on this land, can I get stay to stop them farming in this land as it is joint property.
3. Can I get stay to make any debt on this
property.
4. How can we remove a SISTERS name from right owner list, cause this is the main reason for dispute.
Please advice me on this matter what action should I take or my father should take?
Awaiting for your valuable advice.
Thanks and
Regards,
HIMANSHU PATEL.
Anish Thakur 7018812737
(Expert) 09 September 2012
dear querist ,
as the property is still in your grandfathers name and after his death property is going to inherit by his legal heirs ,4 sons and 2 daughters are legal heir,as per succession amendment act 2005 ,daughters have also equal right on the property and the property will get distrubuted among all the six legal heirs including the daughters it means 25 acres of the land will be divided among all the legal heirs equally howver if the daughters are not interesting in their share then they can reliquish their right over the property or can leave for a individual person.yes you can take stay under o 39 R 1,2 CPC and can stop them from farming but depending upon the court as farming a field can not change the nature of a land but you can seek stay for any construction or sale of that land.call me for any assistance in gujrat or left any query in ur mind.
Sudhir Kumar, Advocate
(Expert) 09 September 2012
Your queries are:-
1. What legal action can I or my father can take to get my fathers part on his name.
Ans : File a suit for partition. Please not that the agricultural land has a different formula for division. It is generally not equal. The pockets of land are segregated as per productivity and valued separately and the division is of the graded value.
2. My 2 uncles doing farming on this land, can I get stay to stop them farming in this land as it is joint property.
Ans : Unless you file suit for partition you cannot do anything. Please also check the local laws. In some states the persons who are non-cultivators by profession are not allowed to hold agricultural (for renting) land even if devolving down from ancestors.
3. Can I get stay to make any debt on this
property.
Ans : Why you had been waiting so far.
4. How can we remove a SISTERS name from right owner list, cause this is the main reason for dispute.
Ans : Legally not and NEVER. You have to swallow this loss even if you make advocates richer. They will win.
Unless the local law on agrarian land deprives married daughter's share in agricultural holding, you have no case.
Please advice me on this matter what action should I take or my father should take?
Ans : A suit for division can be file by your father and his sisters (or the successors if any has died) shall also be respondents in the said case.
Relations will be gone for ever even participation in common festival and marriages etc will be lost. Each brother sister will be willing to make any sacrifice to ensure that others are in Jail. You have to bear that price. You have to decide if land is costing much or relations are more dear.
