Pawan Thakur (RF ENGINEER) 29 December 2020
kavksatyanarayana (subregistrar/supdt.(retired)) 29 December 2020
You stated that after the death of Buddhu, the share of Buddhu was transfered to his wives. That means, is the property ancestral or self acquired by Buddhu
Pawan Thakur (RF ENGINEER) 30 December 2020
kavksatyanarayana (subregistrar/supdt.(retired)) 30 December 2020
sorry for interupption.
or Kakhoo?
Pawan Thakur (RF ENGINEER) 30 December 2020
P. Venu (Advocate) 30 December 2020
The facts, as posted, lack clarity. Please provide the following information.
"After the death of Buddhu,.............." When did Budhu die?
"After the death of one widow namely Kashmiru, ...................." When did Kashmiru die?
"her share was transferred in the name of Devki, as no deed/ any gift was registered by Kashmiru in favour of Devki................" In the absence of any deed of conveyance, how did the alleged transfer take place?
G.L.N. Prasad (Retired employee.) 30 December 2020
The customary rights and such rights under-enforcement in law is crucial. Only a local advocate can guide you in the matter. Before 1956 if there are no male heirs, a reversion back to the others was a law.
Pawan Thakur (RF ENGINEER) 30 December 2020
Buddhu expired on 21/09/1958 & Kashmiru expired on March 1981.
The share was transferred by the revenue authorities. It is not known that on what basis revenue authorities transferred the share or Smt. Kashmiru in the name of Devki. There is no evidence in Revenue records regarding transfer of share with any reason.
Dr J C Vashista (Advocate) 31 December 2020
State Land Revenue Act shall govern the subject. Most probably provisions of Punjab Land Revenue Act, 1887 shall govern in the instant case.
Whether Twaariya was Marusi (tenant) or Bhumidar (title holder) at the time of his death.
It would be better to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.
P. Venu (Advocate) 31 December 2020
As I could make out, the provisions of Hindu Succession Act apply. On the death of Budhu, the property would be shared by the widows. As Kashmiru had childless, her property would devolve upon the legal heirs of her husband (as she had inherited the property from her husband). And Devki, the other widow is the only Class I heir of Budhu and property had devolved upon her. As such, the mutation carried in revenue record in favour of Devki has been in accordance of the provisions of the Act.
Twariya was only a Class II heir to Budhu as scheduled in the Act. Of course, on the death of Devki, property (if any, left interstate) would be inherited by Twariya and his legal heirs.