Married daughter's Share in Father Property(Agriculture Land

This query is : Resolved 

Querist : Anonymous (Querist)
30 October 2009

Hello Sir,
I have 1 imp query..........
My grandfather(nanaji) got expired in June'2006 and my mother get expired in May'2007.My nanaji has 2 son and 1 daughter.It obvious,My mother get married before 2005.I mean before HSAA 2005 ACT.
So I want to know can I(son) claim on my nanaji's Agriculture Land?Currently my nanaji's son has transfered his land in their name.This is the case of Uttaranchal.
------ As per Hindu Succession Amendment Act 2005,Daughter has equal right on agriculture land even married daughter also.

Has all restrictions on date of marriage ,date of birth before,unmarried have been struck down after the above judgements. Also the supremacy of the Central Act of 2005 over various state amendments has been upheld in the above judgements.As I have heard this.

Pls advise me asap.

adv. rajeev ( rajoo ) (Expert)
30 October 2009

U cannot claim ur share in ur mother's father's property.
If your mother were alive she could have claimed her share, then u could have claimed ur share in your mother's share.
But without claiming her ur mother is died, so property goes to the legal heirs of your grand father.

30 October 2009


raj kumar makkad (Expert)
30 October 2009

I am not agree with above opinions. As yur mother was owner to the extent of 1/3 share of your nanaji after his death being his legal heir so you have now inherited that share from your mother after her death and this has nothing to do with the land of your nanaji. You are in inheritance of your mother and not directly of your nanji. You can claim that share by filing a civil suit as Act of 2005 suprecedes all earlier provisions and state amendments, if any.

Anish goyal (Expert)
30 October 2009

I agree with Raj sir.

ritu bhadana (Expert)
30 October 2009

mr. makkad is right

Shashikant Patil (Expert)
30 October 2009

Mr.Rajkumarji is right, because your mother's share is still remained even after her death and same will be passed to her legal heirs through succession as per Hindu sucsession act.

Adinath@Avinash Patil (Expert)
31 October 2009


Querist : Anonymous (Querist)
02 November 2009

Hello Sir,
How can you agree with Both?
As Raj Makkad Sir is saying that Yes,I can do as per HSAA 2005 and it supercedes all state laws as my case is of Uttranchal where UP Zamidaari Act goes.

But Rajiv Vadrali Sir is saying "No".My mother should claim.Then I will be eligible.But he is not clear one thing which I didn't mentioned earliar in my request that This land was in name of my nanaji.But after my mother died,my uncles transfered it in their name not immediately after my nanaji death.
So Pls advs clearly Can I file Civil Suit?


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