Division of agricultural land


Respected Experts,

I wish to seek your kind suggestions and guidance regarding my father's inheritance rights in his grandfather's agricultural land, which at present is denied by his (my father's) uncles citing Islamic law. The agricultural land in question is situated in Gujarat state.

The agricultural land solely belonged to my father's grandfather. He (father's grandfather) died in 1972 without making any legal will, leaving behind his wife, four sons and 2 daughters. The fifth son (my father's father) predeceased his father (my father's grandfather) in 1952.

After death of my father's grandfather, the entries were made in 1973 in legal documents (Form 7/12, 8A, Form 6) in the names of my father, his 4 uncles and my father's grandmother as inheritors of the agricultural land left behind by my father's grandfather.

At present, the possession of land is with my father's uncles and they are denying share of my father in this land although my father's name is already there in the legal documents. The matter is subjudice.

In this regard, please advise me the following:

1) As per the suggestions of some reputed experts on the forum, the agricultural land does not come under the purview of The Muslim Personal Law (Shariat) Application Act, 1937. In that case, which law shall tackle the above issue ?

2) Whether my father may get his share in the above property at all, as my father's name was directly entered in the legal documents and not my father's father due to my father's father being already predeceased at the time of making legal entries ?

3) If yes, whether my father will get equal share in the property or a portion out of 1/4th share ?

 

 
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