Distrubution of agricultural land under hindu succession act 1956
Vinesh K Chhaya
(Querist) 09 October 2011
This query is : Resolved
1 Hindu father (Karta of HUF) has distributed his agricultural properties between his 3 heirs and put 1 agriculture land for maintenance of himself. after 12 yrs he sell out the agri. land which stands for his maintenance and distributed part to his 2 heirs...in this situation the third heir who is put out of giving share of him
Main Issues are as follows
1. The land is not purchased by HUF he got from heirship
2. Father Distributed the different properties between 3 son and One property stood for maintenance of himself with him. and written in 20 rs. stamp paper as Agreement(can it legally allowed)
3. can the third son demand his share in the land which his father got from his father and sold out directly without his permission?
4. In this situation which type of case should be filed?
R.Ramachandran
(Expert) 09 October 2011
Dear Mr. Vinesh,
There is lot of confusion in the facts revealed by you. You have to clarify the following:
1. You say that the land is not purchased by HUF. Therefore you give an indication that the property is not forming part of the HUF property. Is it correct to state that the property in question is not part of the HUF.
2. You say that your father got this property through heirship from his father. You have to indicate whether the property was self-acquired property in the hands of your grand father, or your grand father also got the property through heirship.
3. When did your grand father die?
4. Are you concerned with the 1 agricultural land (which your father retained for his own maintenance) in this question or anything else?
5. You say your father distributed land to his three sons (including you) through a Rs. 20/- stamp paper agreement, 12 years back. You ask whether such a document can be legally allowed? - Before answering this question, please indicate as on date, the three distributed properties are in whose name?
Please give your answer point-wise to the above queries. Thereafter, based on your answer, an appropriate answer would be given.
adv. rajeev ( rajoo )
(Expert) 09 October 2011
If it is ancestral property being a co-parcener 3rd son has got equal rights, he can claim his share in that agrl., land. Father had no right to sell entire land, at the most he could have sold his share
