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Yashodhan Sharma (Production Manager)     10 August 2017

Ancestral agricultural land

Dear SIr/Madam My grandfather left an agriculture land in Hisar. He expired on october 1979. My father & 6 aunts are his heirs. My father expired on september 2007, Grandmother on june 2006, mother on 1999. Just in 2015 we got my 6 aunt's, my 3 sisters & my name listed on jamabandi. (me & my sisters have combined only 1/7 part of the property). My sisters & 3 of my aunts relinquished their rights to me. One Aunt relinquished her right to another aunt. Finally One Aunt has 1/7, One aunt has 2/7, I have 4/7 parts. Now I came to know about 2015 supreme court decision. Can I get my 2 aunt's names removed from my ancestral property ? If yes what is the process. Thanks in advance.


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 7 Replies

Kumar Doab (FIN)     10 August 2017

Is the said proeprty ancestral?

Are you sure it is ancestral?

Did your grandfather buy it?

 

Which personal laws applies in this case?

 

say;Hindu?

 

 

Kumar Doab (FIN)     10 August 2017

Post Grandfather's death was propery parttitioned/alienated?

If yes; it loses it's ancestral charachter.

 

Yashodhan Sharma (Production Manager)     11 August 2017

Even my grandfather got this property from his ancestors.

Hindu law applies here.

post grandfathers death it was as it is in his name in 2009 we proceeded to get our names  on jamabandi. (legal heirs as per law at that time)

i.e. my six aunts plus me & my three sisters (as my father expired on sept-2007.

somewhere in 2013 to  2015  three of my aunts and my three  sisters relinquished their rights at hisar tehsil.

thereafter only three names were remaining in jamabandi i.e. me, My 2 other aunts out of which one aunt has 2 parts (i.e. of other aunt).

Since supreme court's ruling of 2015 says that married females do not have rights in ancestral property myy advocate said that we can move the court to remove their name but we will have to contest it.

Kindly guide ?

 

Yashodhan Sharma (Production Manager)     11 August 2017

I do not understand term partitioned / alienated. We had just put our names on record and some of them relinquished their rights to me.

 

Kumar Doab (FIN)     11 August 2017

You have referred to which Supreme Court ruling of 2015?


(Guest)

Esure this is ancestral before getting into your eligiblity of SHARE on this

Kumar Doab (FIN)     13 August 2017

Succession opens on date of death.

The Grandmother's share shall devlove upon her sons anddaughters equally since her husband has pre deceased, her.

 


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