Ancestral property

Querist : Anonymous (Querist) 25 September 2020 This query is : Resolved
Hello Experts,

I am women that belong to the JAAT community in Haryana. I don't have good understanding with my father and brothers because my father is very gender-biased and he does not give equal shares to all children.

My father has some acres of agricultural land which is Ancestral and inherited from grandfathers.

Some months back my father made a registered will and transferred all ancestral land to my brothers, despite my protest he is not diving ancestral property equally.

I went to a lawyer yesterday in my home town and showed him the documents.

He is saying that " I CANNOT FILE A CASE AGAINST MY FATHER FOR ANCESTRAL PROPERTY TILL HE IS DEAD BECAUSE I AM JAAT , AFTER THE DEATH OF MY FATHER I CAN FILE THE CASE"

Because Some Local Jaat land laws of Rohtak is applicable on JAAT.

Dear Experts, Please clarify CAN I FILE THE CASE WHEN MY FATHER IS LIVING OR NOT???

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Quick Summary

A woman from the Jaat community in Haryana is seeking to understand her rights regarding ancestral agricultural land. Her father, who is reportedly gender-biased, has transferred the entire ancestral property to her brothers via a registered will, despite her protests. She was advised by a local lawyer that she cannot file a case against her father while he is alive due to specific local Jaat land laws in Rohtak, but other experts suggest that if the property is indeed ancestral and unpartitioned, she is entitled to a share and may be able to file a case, regardless of local customs deviating from Indian law. Consulting a local lawyer with all relevant documents, including land records, is recommended.

Isaac Gabriel (Expert) 25 September 2020
It depends on he local and religious laws. Consult the local lawyer for apreciation of facts to proceed.

Dr J C Vashista (Expert) 26 September 2020
Repeated story posted by same Jaat lady.
Consult a local lawyer for professional service.

Shilesh Patel (Expert) 26 September 2020
Repeated story last month.

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Rajendra K Goyal (Expert) 26 September 2020
What are the specific JAAT laws applicable in Rohtak area which are not applicable in other parts of Haryana. Not aware of any such law.

Your father can not bequeath ancestral property in full, however, it must be ensured that the property fulfills the definition of ancestral property.

It would be better to discuss in detail with some local lawyer after showing him all the documents.

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Rajendra K Goyal (Expert) 26 September 2020
As this is agricultural land, obtain copy of Jamabandi for 30 years from local village Patwari. Your lawyer may search record at revenue office to find whether property is ancestral or not.

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P. Venu (Expert) 26 September 2020
It could be that property is ancestral. If ancestral, you can file the case. If no advocate is willing you can appear in person or request the court (rather, the local Legal Service Authority) for legal assistance.

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Sri Vijayan.A (Expert) 26 September 2020
I dont think there is separate laws for JAAT deviated from Indian Laws.
If the property is really ancestral (and not yet partitioned), you are entitled to get your share.
Consult another good lawyer in your town.

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