Hindu succession act
shekhar jha
(Querist) 24 April 2015
This query is : Resolved
My grandfather had inherited some agricultural land and also had purchased agri land. Due to ceiling law, he distributed the land in his name, my grandmother's name, my uncle's name as well as my father's name. The entry in these names are in register 2 of the block office. Major chunk was in my grandfather as well as my uncle's name. He passed away in 1995 and the land was looked after by my father. Now, we want to distribute the land between my father and my uncle. But my uncle's contention is that the land in his name is not liable to be distributed. only those in my grandfather and grandmothers name can be distributed. but there is hardly any land in my father's name. my query is that, is the land registered under my uncle's name during ceiling,liable to be distributed between my father and him?
Kumar Doab
(Expert) 24 April 2015
If the Land in Grandfather's name was self acquired and distributed in his life time, by him thru a registered (say.....partition) deed then the uncle has become owner of land registered in his name.
However you may show all docs on record pertaining to both ancestral,self acquired land to a local lawyer and proceed further after understanding the merits and remedies.
Rajendra K Goyal
(Expert) 25 April 2015
The land in the name of your uncle can not be claimed by your father.
ajay sethi
(Expert) 25 April 2015
agree with experts
shekhar jha
(Querist) 25 April 2015
As per Mr Doab, inherited property is liable to be partitioned even if it is in my uncle's name after ceiling. However, as per Mr Goel, partition is not possible in any case. I wonder with whom Mr Sethi agrees.
Guest
(Expert) 25 April 2015
With reference to your proposal, "we want to distribute the land between my father and my uncle," before any body reply your question, I would like to ask you, what about your grand mother, whether she is still alive, if not what happened to the property in her name?
Further, any reason that the land has not been distributed amongst the legal heirs so far even after 20 years of death of your grandfather?
Still further, did not your grandfather/ grandmother have any daughter?
In fact, the background information of the problem is quite inadequate.
Even if Shri Ajay Sethi replies your last question to remove your doubt, still distribution between your father and uncle would remain questionable, as per the law in the absence of requisite information about your problem..
shekhar jha
(Querist) 25 April 2015
My grandmother had passed away in 1990. The property in her name is still in her name. The land in the name of my grandfather is still in his name too.
There is no particular reason for non-distribution but my uncle was in service (now retired) so the land was looked after by my father.
Yes, my father has two sisters but they are not interested in their share.
But even if my father's sisters are interested, the legal issue remains the same: whether my father (and his sisters) is entitled to the share in the land registered under my uncle's name.
Guest
(Expert) 25 April 2015
Thanks for your clarification. But NO is the answer to your initial question, "is the land registered under my uncle's name during ceiling,liable to be distributed between my father and him?" Whatever is registered in the name of your uncle, that property is not liable to be partitione between your father and uncle. However, property registered only in the name of your grandfather and granmother can be partitioned amongst the eligible legal hiers.
shekhar jha
(Querist) 26 April 2015
Only one more point. Is there no importance in the eyes of law of the fact that the land under my uncle's name is being looked after and cultivated by my father for such a long time?
Guest
(Expert) 26 April 2015
No importance.
T. Kalaiselvan, Advocate
(Expert) 02 May 2015
The very question has an answer in it, i.e., the property was transferred on your uncle's name by your grandfather during his life time and he is no more to contest his own action, therefore the our uncle will be the absolute owner of the property in his name. Your father would have maintained the property in the capacity of a care taker hence he cannot claim ownership or share in the property. Rest other issues have been explained in detail by experts.
