agricultural land
birju patel
(Querist) 10 September 2016
This query is : Resolved
If father had died in 1960 and then his four daughters got their names with his two sons in government 7/12 extract document of agriculture land as inheritances.
But they haven't made partition of the same land yet. If 2 daughters have died till 2005 and the rest of 2 daughters in 2009
then the Inheritance sons and daughters of those four daughters whose names are present in 7/12 extract document after their death , can have any right of ownership on the same land still. The land has not been partitioned ( undivided) yet.
my mobile number is 9408282522.
BIRJU PATEL
dr g balakrishnan
(Expert) 10 September 2016
partition has to take place under succession Act valid today.
dr g balakrishnan
(Expert) 10 September 2016
problem here is your father died in 1960 so obviously the land falls under 'intestate' law, so class I and III etc relations progressed over time that way the partition has to move on that basis of nature law direction pls. tks
Guest
(Expert) 10 September 2016
Mr. Birju Patel,
Your query is purely academic query. If not, what actually is your concern with the said agricultural land.
Kumar Doab
(Expert) 10 September 2016
Apparently it is self acquired property.
It is believed that you are Hindu.
All ClassI legal heirs;Mother,wife, sons and daughters have equal share.
Share of deceased daughters shall devolve upon her sons and daughters.......
birju patel
(Querist) 10 September 2016
thank u all respected sir
birju patel
(Querist) 10 September 2016
actually the detail is as Follow
birju patel
(Querist) 10 September 2016
A (male) purchased an agricultural land in 1930.
A died in 1960.
2 sons ( married) ( B and C) and 4 daughters( married) ( D,E,F,G) of the A got their names as inheritance in 7/12 extracts then after.
A daughter D expired in 1975.
In 1977 , the son of D (we call him D1) and E,F,G gave all rights on a blank paper with original blue inked signature to son of B ( we call him B1 ) to operate agricultural land and accepted to release their right from the land .
but in 1980 D1 and D2 ( daughter of D who is minor in 1977) enters their names in 7/12 extract as inheritances. (without permission of son of B (we call him B1) or C)
Daughter E dies in March , 2004 and her daughters ( we call them E1, E2 and E3) got their names in 7/12 extract as inheritances. (without permission of B1 or son of C (we call him C1) )
and F died in 2009. then her son F1 and 2 daughters F2 and F3 got their names in 7/12 extract as inheritances (without permission of B1 or C1 )
then G died in 2010 and her son G1 and 2 daughters G2 and G 3 got their names in 7/12 extract. (without permission of B1 or C1)
I am the son of B1
now my query is,
1. "Is there any right of daughters of D, E on this agricultural land?" If i compare my case with phulawati case. CIVIL APPEAL NO.7217 OF 2013
of which judgement is given on 16th October 2015
2. "Can i go to court to remove their names( daughters of D and E) from 7/12 extract?"
Raj Kumar Makkad
(Expert) 11 September 2016
1. All those have legal right in the property in the share of their deceased mother. No transfer of the property was held on the basis of writing of 1977 as mere signing of some blank paper is not a valid mode of transfer.
2. There is no scope for you even if you go there.
dr g balakrishnan
(Expert) 11 September 2016
if the man is the father of the daughters mentioned, naturally even that property falls under interstate succession only. there is no other situation arises under law of properties.
Kumar Doab
(Expert) 11 September 2016
It is not ancestral property.
It is self acquired property of father.
From points being raised it is felt that you are Hindu.
After the year 1956 succession amongst Hindus shall be governed by the Hindu Succession Act.
All sons and daughters should have equal share.
birju patel
(Querist) 13 September 2016
thank u all respected sir again
Rajendra K Goyal
(Expert) 21 September 2016
Well advised, agree with the expert raj kumar makkad.
