Inherited land

Querist : Anonymous (Querist) 19 February 2024 This query is : Resolved
5-acre DKT land originally granted by the government to your grandfather ,grandfather had one daughter (padma) and padma had 3 daughter and 1 son . In his will, my grandfather bequeathed the land to his grandson not daughter after death of padma (now padma is alive ),due to legal constraints related to Padma's government employment so will written on bequeathed the land to his grandson , the will was drafted in his name instead.Padma's daughters, who were unaware of the existence of the will. Padma, with the intention that it would eventually passing land to grandson. as per will of father , in 2023 government granted the right to sell the land after a 20-year period,can ,i challange the will

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This discussion concerns inherited DKT land in Andhra Pradesh, originally granted to a grandfather. The grandfather's will bequeathed the land to his grandson, bypassing his daughter Padma, due to her government employment. However, DKT land is typically for cultivation only and cannot be sold, though it can be transferred to legal heirs. The will might not be operative as Padma is the legal heir, and older land assignments may not be subject to transfer restrictions. Clarification from land revenue authorities is recommended.

T. Kalaiselvan, Advocate (Expert) 19 February 2024
DKT or Darakastu land is a wasteland assigned to the poor and downtrodden people of the state in Andhra Pradesh.

This land is assigned for cultivation purposes only and no transaction such as sale or buying can happen on this land.

The assignee cannot sell this land to anyone.

He/she can only return the land to the government after producing their income certificates.

Sale of DKT lands is illegal as per rules in force. However, they can be transferred to legal heir. The Chief Commissioner of Land Administration (CCLA) also expressed the view that the lands assigned to the poor and landless prior to 18.6. 1954 would not attract the rule prohibiting the transfer of lands.
Therefore the legal heir i.e., Padma can inherit the land assigned to her father in the capacity of the legal heir to her deceased father and the so called Will may not be operative.
For more clarification you may clarify from the land revenue department authorities.

kavksatyanarayana (Expert) 19 February 2024
As per Section 6 (ii) of the AP Land Titling Act, 1922 (Act No.27 of 2023), all the powers are vested with the Commissioner and Director of Survey under various provisions of A.P.Survey and Boundaries Act,1923. Hence get clarification from the department.

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