Hello Sir / Madam,
I am posting a query and would appreciate your opinion / legal counselling.
I have agricultural land in Tamilnadu. The property was not tenanted. But now there are claimant stating that they are the cultivating tenants for generations.
The current claimant as cultivating tenant story goes as under :
1. He is aged around 44 years as on 2010.
2. His father died in 1964 when this claimant was around 2 years old. i.e. father pre-deceased his father who died in 1983 only.
3. The claimant;s grandfather is being stated (claimed) as the original cultivating tenant since 1950's. The grandfather died in 1983,
4. After the death of grandfather in 1983, the current claimant's mother became the cultivating tenant in 1983 and thereby from his mother (who is still alive and is claimed as cultivating tenant too) he is naturally the legal heir as cultivating tenant.
My query :
a. Assuming the claims are acceptable, Is it a valid legal heir i.e. mother claiming as the cultivating tenant after the death of her father-in-law in 1983 ?
b. If mother is not valid legal heir, will the grandson become the valid legal heir in 1983 after the death of his grandfather, though his father is not alive and is mother is still alive as on date. In 1983, will the status as legal heir change if the grandson as legal heir were to have attained majority age ? What if randson were still minor as on 1983 ?
Looking forward for your claification as to what is the defnition of legal heir for tenanted agricultural land in tamilnadu context mean too apart from replies for my queries.
Thanking you
Bala
