Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Rekha Singh   22 June 2022

Daughter right on agricultural land

My father has passed away in April'2019.

We have a 1300sqft  house in which we are living from 2009.

In registry of land in 2006, it is mentioned as agricultural land, however, it is a fully developed society with more than 100 houses. We are paying house tax, electricity bill and sever bill for years.

 My father evictated (by stamp paper and newspaper publication)  him from all his property in 2013 as he left house after his marriage. I and my sister took care of my parents.

My brother has got the mutation of land in the name of my mother and himself without even notifying my mother.

Can the daughter make any claim in this case? 



Learning

 2 Replies

P. Venu (Advocate)     22 June 2022

What do you mean by " My father evictated (by stamp paper and newspaper publication)  him from all his property in 2013 as he left house after his marriage. I and my sister took care of my parents. My brother has got the mutation of land in the name of my mother and himself without even notifying my mother."

 

Anyhow, it is stated that the property left intestate is jointly vested with all legal heirs viz. the mother and all the children. the alleged eviction of the son is of no legal consequence.
 

Dr J C Vashista (Advocate)     23 June 2022

Vague and confusing facts have been posted as rightly observed by senior expert Mr. P Venu.

Whether your father (since deceased) has executed any will for his self acquired house property stated to be agriculture land ?

If no will have been executed, all siblings with your mother, has equal share in the instate property left behind by your father..


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