Jaya Pathak (Paralegal) 17 January 2015

Join pil - adding minor 3rd generation legal heirs name

One of the lawyer's team I know wants to file a PIL. They are looking for mom's with minor kids who are either 3rd or 4th generation legal heirs of ancestral properties.

As of now kids who are born as 3rd or 4th generation legal heirs to ancestral properties, thought they have right from birth as per Hindu Law their names are not added automatically to the property card or any such ownership document. Their names can be added only by court order or if the grandfather gives a no-objection.

There are many cases where such ancestral properties are either taken by some of the family members for their own benefit and some of the members are left with nothing. Many times such properties are squandered by uncles and fathers and the kids are left with nothing.

Hence this lawyer's team is looking for such candidates who fit the profile and willing to be a part of this PIL. If anyone is interested in getting this lawyer's contact details please PM me.

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3 Replies

Jai Karan Nagwan (consultant) 17 January 2015

You should apply for elimination of concept of Daya bhaga school of Law, wherein Dayabhaga don't give such right to even single generation, yet very successful. On the contrary Mitakshara law, which you are talking about is more beneficial to next generations. I would suggest, first one should study concept of both school of Law along with Muslim Law of property to initiate PIL. Old age parents are more happy in Dayabhaga than Mitakshara. It is high time to look for interest of old aged not younger one. Old age people are being completely disown by younger generation. I am against this concept, wherein ancestor remains on the mercy of their children and grand children. Succession should only open after death like Dayabhaga.

Smita (None) 17 January 2015

Well I agree that old parents are disowned by younger generation but at the same time their are many fathers and uncles who squander such properties for their own benefit and leave nothing for the generations to come. Every coin has 2 sides.

There should be more significant clauses so that all these issues can be taken care of.

Just some suggestions.

1) May be names can be added but the old and new generations cannot sell or squander for own benefit.

2) No one should be able to remove old parents from such properties.

Hardly ever Laws are amended in our country is another big problem.

Originally posted by : Jai Karan Nagwan
	You should apply for elimination of concept of Daya bhaga school of Law, wherein Dayabhaga don't give such right to even single generation, yet very successful. On the contrary Mitakshara law, which you are talking about is more beneficial to next generations. I would suggest, first one should study concept of both school of Law along with Muslim Law of property to initiate PIL. Old age parents are more happy in Dayabhaga than Mitakshara. It is high time to look for interest of old aged not younger one. Old age people are being completely disown by younger generation. I am against this concept, wherein ancestor remains on the mercy of their children and grand children. Succession should only open after death like Dayabhaga.