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Pawan Thakur (RF ENGINEER)     29 December 2020

Guidance regarding transfer of land

SIR, I am a resident of District Solan ( Himachal Pradesh ). I would like to seek the guidance of your good self regarding transfer of Land.

Mr. Twaariya had got two sons namely Buddhu & Kakhoo. Both were married but Buddhu have got two wives. The marriage of both the wives taken place before 1951. After the death of Buddhu, the share of Buddhu was transferred to his widow’s namely Kashmiru & Devki. Both the widows were issueless, whereas Mr. Kakhoo have five sons. After the death of one widow namely Kashmiru, her share was transferred in the name of Devki, as no deed/ any gift was registered by Kashmiru in favour of Devki. I seek the guidance from some people who narrated that the share of issueless widow can not be transferred to issueless widow. It will be reverted back (to Mr. Twaariya & thereafter to sons of Kakhoo ). Sir, Kindly guide that what is the proper method & how much the time limits registered such cases in the court of Law. It is further added that the Khata is common (joint) of entire family as partition have not been sort by any shareholder. Later Smt. Devki registered will in favour of one person namely RAM CHAND, was Devki entitled to gift the share of her own & Kashmiru or she was entitled only to gift her own share ?



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 9 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     29 December 2020

You stated that after the death of Buddhu, the share of Buddhu was transfered to his wives.  That means, is the property ancestral or self acquired by Buddhu

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Pawan Thakur (RF ENGINEER)     30 December 2020

But SIR ! I would like to know whether the transfer of share of Smt Kashmiru was legal or illegal , as the share of issue less widow can not be transferred to issueless widow & the same will be reverted back to the father of widows husband . Is this right averment or wrong ?!

kavksatyanarayana (subregistrar/supdt.(retired))     30 December 2020

sorry for interupption. 

or Kakhoo?

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Pawan Thakur (RF ENGINEER)     30 December 2020

Twaariya was the father of Buddhu & kakhoo was the brother of Buddhu. When the share will be reverted back to Mr.twaariya . After that will the share will go the sons of kakhoo.?! And the property was ancestral which was in the name of Buddhu and later transferred in the name of Kashmiru and Devki .

P. Venu (Advocate)     30 December 2020

The facts, as posted, lack clarity. Please provide the following information.

"After the death of Buddhu,.............." When did Budhu die?

"After the death of one widow namely Kashmiru, ...................." When did Kashmiru die?

 

"her share was transferred in the name of Devki, as no deed/ any gift was registered by Kashmiru in favour of Devki................" In the absence of any deed of conveyance, how did the alleged transfer take place?

 

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G.L.N. Prasad (Retired employee.)     30 December 2020

The customary rights and such rights under-enforcement in law is crucial.  Only a local advocate can guide you in the matter.  Before 1956 if there are no male heirs, a reversion back to the others was a law.

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Pawan Thakur (RF ENGINEER)     30 December 2020

Buddhu expired on 21/09/1958 & Kashmiru expired on March 1981. 

The share was transferred by the revenue authorities. It is not known that on what basis revenue authorities transferred the share or Smt. Kashmiru in the name of Devki. There is no evidence in Revenue records regarding transfer of share with any reason.

Dr J C Vashista (Advocate)     31 December 2020

State Land Revenue Act shall govern the subject. Most probably provisions of Punjab Land Revenue Act, 1887 shall govern in the instant case. 

Whether Twaariya was Marusi (tenant) or Bhumidar (title holder) at the time of his death.

It would be better to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.

 

P. Venu (Advocate)     31 December 2020

As I could make out, the provisions of  Hindu Succession Act apply. On the death of Budhu, the property would be shared by the widows. As Kashmiru had childless, her property would devolve upon the legal heirs of her husband (as she had inherited the property from her husband). And Devki, the other widow is the only Class I heir of Budhu and property had devolved upon her. As such, the mutation carried in revenue record in favour of Devki has been in accordance of the provisions of the Act. 

Twariya was only a Class II heir to Budhu as scheduled in the Act. Of course, on the death of Devki, property (if any, left interstate) would be inherited by Twariya and his legal heirs.


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