Grandfather land property
jpurus
(Querist) 15 June 2015
This query is : Resolved
3 Sons and 4 Daughters are the legal heirs of the property. Father has expired in 1990 and 3 Sons had changed the patta from father to their names in 2007, without the consent of 4 Daughters. In 2013, all the 4 daughters challenged against the patta in Tahsildar office and later RDO has cancelled the existing patta due to all the legal heirs were not included in the fathers patta property. Now the 3 sons went for appeal in District Revenue Officer office challenging the RDO verdict.
My question is…
1) What would be the legal proceedings thereafter? How to end their appeal.
2) How do the 4 daughters get immediate remedy from this and get their own partitions.
3) 4 daughters need Joint Patta as a priority? What is the process?
Kumar Doab
(Expert) 15 June 2015
Some factors that can count are:
-- the property is agriculture land or not as agriculture is a state subject and in states like UP/Uttrakhand married daughters are not given share in agricultural land.
--Which personal law applies to deceased owner e.g. Hindu Succession laws….
The succession as per your query has opened in 1990.
As per amendment to Hindu Succession Act,2005 married daughters were made at par with sons.
Prior to that state Act will apply.
If the matter in court now then court shall decide.
You may show all documents related to the property to an able lawyer dealing in property/revenue/civil/family matter and proceed under expert advice of your lawyer.
jpurus
(Querist) 15 June 2015
It is an agricultural land as well as house lands.
Still my questions are not answered.
If any experts reply, would be helpful.
Surrender K Singal
(Expert) 16 June 2015
Persue court proceedings with alert Lawyer. 2005 amendment of HSA is in favour of all children equally irrespective of their sex;
