cpc

Sisters right in agriculture land as per hsa 2005

This query is : Resolved 
 


Querist : Anonymous (Querist)
11 January 2020

My query is relates can names from 7/12 can be removed as per HSA 2005 ? as per below scenario

1 ) Current inheritors to my grandfather's Agriculture land on 7/12 - 01 Son , 3 Sisters.
2 ) Grandfather Death August 2004
3 ) Then my father as per rules applied for his & 3 sisters name in agriculture land which reflected in 7/12
4 ) Now then in Sep,2005 HSA Act came into force , now its clear that my grandfather was no more on act came into force .
5 ) My query is can my father apply for removal his sisters name from 7/12 if not then how please clarify ??


kavksatyanarayanaOnline (Expert)
11 January 2020

No. Your father' sisters also have equal rights over the ancestral property.

P. Venu Online (Expert)
12 January 2020

Was the property ancestral or self acquired?

Raj Kumar MakkadOnline (Expert)
13 January 2020

No is the sole reply to your query. HSA. 2005 is otherwise. If the names of your Bua (aunts) would not have mentioned after demise of your grand-father (though not permissible even if the property was his self-acquired or ancestral after 1956), they would have got the right to get the same entered. Your father has only 1/4th share and rest of 3/4 belongs to your Bua. Better please them and get their blessings.

T. Kalaiselvan, Advocate Online (Expert)
17 January 2020

Your father's sisters are entitled to an equal share in their father's property.
Your grandfather is reported to have died intestate leaving behind his properties.
His properties, assuming he belonged to Hindu religion, shall devolve equally on all his legal heirs which includes his daughters.
Therefore your paternal aunts are entitled to an equal share in the properties left behind by their father who is reported to have died intestate.
It will be an illegal act if your father is attempting to remove their names from the 7/12 records.
The law referred by you is applicable only for the ancestral properties. .



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