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Narayan Hegde (Retired)     21 March 2018

Agricultural land sharing

Hi, We are 6 siblings, Hindus from Karnataka. Our father, who is no more, left some agriculture land. He died in 1986 and our mother also expired in 2000, with no will or any direction about agriculture land. We are 3 brothers and 3 sisters (all alive, married and have children). Thus, a total of 6 children to parents, who are no more or no will. I would like to know, if sisters (all married) are eligible for any share of agriculture land or house ? Or the question is, if the agriculture landed property should be divided in to 3 or 6 ? Mind you, both parents expired well before 2005 amendment and we brothers believe that the sisters do not have legal rights on agricultural land. Please check and confirm; Thanks in advance Narayan


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 8 Replies

R.Ramachandran (Advocate)     21 March 2018

In which year your father purchased the land in question?

Narayan Hegde (Retired)     21 March 2018

Thanks for your quick question.

To answer you, my father inherited from his father, when grand father sent my father off the joint family.  And that inheritance or partition came about in early 1950's.  Hope this clears any doubt.

Regards,

Narayan

 

Kumar Doab (FIN)     22 March 2018

What is the date/month/year of marriage of daughters..!

The said partition is registered?

R.Ramachandran (Advocate)     23 March 2018

Upon your father's death in the year 1986, by operation of law (Sec. 6 of the Hindu Succession Act, 1956), there is a notional partition of the properties held by your father (ancestral properties).

Each of the co-parceners (your father and all the three sons) will get 1/4th share.

The 1/4th portion which falls to the share of your father has to be inherited equally between his widow (your mother) and all his three sons and three daughters i.e. each one will get 1/4 x 1/7 = 1/28th.

Upon death of your mother,her 1/28th share (in the absence of any WILL) will have to be divided equally between her three sons and three daughters i.e. 1/28 x 1/6 = 1/168.

Thus each of the sons will get 1/4 + 1/28 + 1/168

Each of the daughters will get 1/28 + 1/168

 

Narayan Hegde (Retired)     23 March 2018

Mr Kumar,

Thanks !

To answer your query, the daughters (i.e. our 3 sisters) got married in the years 1982, 1987 and 1990 respectively. The partition deed is in revenue record and dates back to early 1950. Or late 1949. Not sure if registration was in vogue then. But pani records show it and Village accountant knows it.  Hope this is useful.

Best regards,

Narayan

Narayan Hegde (Retired)     23 March 2018

Mr. Ramachandran,

Thanks for your amazing reply with detailed calculations !

However, I have replied to Mr. Kumar for his query on my sisters' marriage years and year of partition deed.

FYI, I repeat them here: The daughters (i.e. our 3 sisters) got married in the years 1982, 1987 and 1990 respectively. The partition deed is in revenue record and dates back to early 1950. Or late 1949. Not sure if registration was in vogue then. But pani records show it and Village accountant knows it.  Hope this is useful.


Regards,

Narayan

R.Ramachandran (Advocate)     25 March 2018

Dear Mr.Ramesh Singh,

The restricted meaning of 'family'in the Karnataka Land Reforms Act, which excluded married daughters, is only to determine the extent of permissible holding by a family.  That Act cannot override the provisions of Hindu Succession Act, 1956 so as to affect the inheritence rights of a legal heir.  Both the Acts are mutually exclusive and operate in their respective fields.

Narayan Hegde (Retired)     25 March 2018

Thanks all.

I would like to close this query now, thanking all those who shared their views.

Narayan 


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