7/12 extract itar adhikar

Vikas Singh (Querist) 31 July 2023 This query is : Resolved
Dear Law Experts

This is Vikas from Parbhani, Maharashtra

We have 12 Acre Land , my Grandfather died in 1976 , then land was transferred to my dad as kabjedar and 3 sisters in itar adhikar. my dad made some changes with my name as kabjedar in 1990. later my dad and my 3 aunts also passed away. my 3 aunts always physically used land , got all revenues from land all the years, never paid us any money saying you anyways own it..my dad suddenly passed away ...now FF 2023, few of my cousins dont care about us and they are claiming 3/4 th of land...this is really hard earned only saving we have, what should I do. I

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A user from Parbhani, Maharashtra, is seeking advice regarding ancestral land inherited from their grandfather. The land was transferred to the user's father as 'kabjedar' (occupant) and to three aunts under 'itar adhikar' (other rights). While the user's father later transferred their kabjedar rights to the user, the aunts and their heirs have historically managed and benefited from the land. Now, some cousins are claiming a significant portion of the land, causing distress. Legal experts have clarified that both the user's father and his sisters had equal rights to the property, meaning all legal heirs of the father and the aunts are entitled to a share. The user is legally entitled to one-fourth of the property based on their father's share.

kavksatyanarayana (Expert) 31 July 2023
As your father gave the land to you only a kabjedar ( to my best an occupant) and to 3 sisters as itar adhikar. So your sisters also have equal rights over the land. You can only not sell the property as all 3 sisters or their legal heirs shall sell it.

Vikas Singh (Querist) 31 July 2023
I am not planning to sell, but few of my cousins and their kids they lost all their land in different failures at there end, and making our life hell, by calling us and trying to divide land, my other cousins who are doing well ackowledge my dads sacrifice and standing behind us against their siblings

kavksatyanarayana (Expert) 01 August 2023
Sorry. Your father and his siblings have equal rights over the property though your father transferred the land to you as kabjedar/occupant only. So all the legal heirs of your father and his siblings' children have equal rights over the property.

T. Kalaiselvan, Advocate (Expert) 02 August 2023
The property left behind by your grandfather upon his intestate death shall devolve equally on all his legal heirs.
Therefore your paternal aunts are entitled to their respective mothers' share in the properties.You should be contended with one fourth share in the proeprty that your father is entitled.
You cannot claim anything beyond this legally,

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