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Bharat Raj (Self Employed)     31 March 2016

Father's/ancestral property - daughters share

My Uncle has sold out agricultural land which is on his Grand father's name in pahanis way back in 1995. Grand father's died in the year 1992. My uncle has 6 sisters including my mother. Is it legal to sold the property without death certificate of my grandpa and signatures of my mother and hers sisters.

Now he is asking for signatures and threating my mom to sign.


 6 Replies

saravanan s (legal advisor)     31 March 2016

IS the property you aRe talking about is your great grand fathers.then what about your grandfather.was he alive when your uncle sold the property

Kumar Doab (FIN)     31 March 2016

Apparently the agriculture land was registered in name of Grandfather who dies in 1992 and his son (your uncle) sold it without submitting death certificate of his father and recording inheritance in revenue records.


It is suggested that you may obtain mutation record (fard) from revenue office (patwari) and show it an able counsel specializing in family/revenue/property/civil matters.


In some state e.g. UP/Uttranchal etc married daughters are not eligible to get share frm agriculture land.

The counsel well versed with local laws can advise you further. 


ROHIT SHARMA (Legal Advisor )     31 March 2016

1. The quetion of the death certificate of your maternal grandfather is not all together so important.

2. If the copy of the pahanis is available with your mother then you should verify from its contents that whether upon the death of your mothers grandfather the names of the legal heirs ( i.e. your maternal uncle, and all other six sister's and the name of your mother's mother) have been incorporated in such pahanis  i.e extract of the record of rights of such land in context. 

3. If still only the name of your mother's grandfather is shown in this pahanis then without the mutation of the names of the legal heirs of your mother's grandfather, your mother's brother cannot sell such land in context. And if he has done so then it is illegal and hence though he has sold the land without your mother and her sister's consent then the entry of such sale deed would not be incorporated in the record of rights by the vilage revenue officer (Patwari) since the mutations of the names of the legal heirs of your mother's grandfather have not been effecuated in the pahanis. Therefore he is now forcing your mother and other sisters of your mother to sig some documents , which your mother should not do. 

4. Even the name of your mother's father should have been incorporated after the death of your mother's grandfather. But it appears that your Nanaji's name has also not been mentioned in the pahanis. 

5. It also appears that your maternal uncle and your mother and her sisters were not residing in the village of your mother's grandfather and so the mutations must have not been carried out.

6. What your mother and her sister together should do is to file a civil suit under order 20 Rule 18 of Civil Procedure Code, 1908 seeking a decree of partition of such property in context and and separate possession of share by making your mother's brother as respondent. 

7. The death of your mother's garndfather and your mother's father can be vouched by any relatives of your mother by maqking an affidavit. This would suffice for to adduce evidence of the ddeath of your mother's father and her grandfather which would be needed to have a legal heirship certficate attested by an Executive Magistrate and then based upon which the court will be able to decree the partition and put the living legal heirs of your mother's grandfather into possession of their respective share as per Hindu Succession Act, 1956.

T. Kalaiselvan, Advocate (Advocate)     09 April 2016

This is a simple case of cheating and fraud payed by your uncle.  After his father's intestate death, the entire properties shall devolve equally on all his legal heirs wheras your uncle grabbed the entire property for himself withut any authorty and sold them without the knowledge or consent from other share holders. This is an illegal act and the sale or alienation or any encumbrance created by him on his own in the said properties will not bind the other share holders.

hence the other share holders can file a partition suit and seek their share and separate possession of the same through court of law.

Consult a property laws practicing lawyer in the local and proceed further as per his advise. 

Venkatesh   11 April 2016

Dear Sir/Madam,

My Grandfather has 10 childrens,  5 Sons & 5 Daughters.We have 20 Acres of  Agriculture land in kolar & entire property name entered in RTC is only sons name( only 5 names).Now they says that there is no equal share on property & amicably settled with portion of share.Pls help me out is this the justice for my mother(one of the Daughter out of 10 Children) as no name in revenue records pertaining to this property.  

Kumar Doab (FIN)     11 April 2016

Agriculture is a state subject and local laws shall apply.

You are referring tom daughter's share.

You may show all the propertly related docs that you have and death certificate to an able local lawyer specializing in local lase and property/civil matters. 

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