I want to get urgent reply to a property matter
The fact of the case is ‘A’ and ‘B’ were two brothers they got landed property inherited from their father, (which is mahar watan- Inam class B-land situated in Pune, Maharashtra) property 1,2,3 was devolved with Son ‘A’ and property 4,5,6 was devolved with son ‘B’, but the record before 1933 is not available.
‘B’ had a son ‘D’, ‘A’ expired in 1920 leaving behind a minor daughter ‘c’ and her name was directly included in 7/12 extract as minor heir through legal guardian ‘D’ in 1933. Daughter ‘C’ expired in the year 1946 leaving behind son and daughter (probably she was minor when she was married )
After the demise of the father of ‘C’ i.e. ‘A’ herein above brother ‘B’s and his son ‘D’ were looking after the property No.1,2,3 and was in possession of the same.
Later ‘D’ name was entered as cultivator of the agricultural land from 1955 to 1957 and name of his legal heir was entered as cultivator of the agricultural land from 1957 to 1978 (in property No.1,2,3)
Legal heirs of ‘D’ got their name mutated in 7/12 extract of properties 4,5,6 in 1975, later names of legal heirs of ‘D’ were entered in 7/12 extract as owner of the properties 1,2,3 in 1979 after his demise mutation were effected and names of legal heirs of ‘D’ were entered in 7/12 extract on all properties 1,2,3,4,5,6 in 1987
In 1997 all the property 1, 2, 3,4,5,6 were given in for development by legal heirs of ‘D’, sale permission for conversion of land for N A purpose was given by collector, Nazarana amount of all the
properties was paid to govt. accordingly. Thereafter, in 2008 sale deed was made by legal heirs of D i.e. great grandsons / daughters of ‘D’ in favor of developer through POA. Accordingly 7/12 extract and mutation were effected in 2011,
Now in 2016 son/ daughter of ‘ C ’ is claiming right in the property asking share in property 1,2,3 of ‘A’ through their mother ‘C’ who is no more now but her name was entered in 7/12 extract in 1933 as a minor through legal guardian ‘D’
Now my question is Keeping view of property law of Hindus prevailing in 1920 (as son ‘A’ died in 1920), Hindu succession act 1956 / amendment act thereafter what is the position of children of ‘C’/great grandchildren of ‘C’ do they have right to claim so…? If so to what extent…?
Please feel free to ask in case if anybody needs any clarification about the facts
Please note: AS OF NOW …iam not aware as to the age of minor ‘C’ when her name was entered in 7/12 extract in 1933… iam not aware age of her marriage… iam not aware if her mother/ widowed wife of ‘A’ was alive at the time of her marriage…
There is no record available prior to 1933 showing inheritance of property 1 to 6 by ‘A’ and ‘B’ from their father – it was an ancestral property and if partition was effected during their father’s period is not known.
I’m not aware as to how legal heirs of ‘A’ and ‘B’ got separate inheritance of property 1 to 6 as 1,2,3 and 4,5,6 from their father as there is no available record prior to 1933 in revenue office .
