Kul kayda

First of all tell me that your deceased father's property is ancestral or self acquired.  Likewise also tell me that your deceased uncles property is self acquired or ancestral.  Then I can answer accordingly. 

is this dividation correct by law of kul kayda in maha?Kul Kayda HAS NOTHING TO DO WITH SUCCESSION. 2. should this land be named in me and my only sister and not my children? IF THE PROPERTY IS NOT ANCESTRAL THE HOLDER CAN DISPOSE AT ANY WAY? 3. can i add name of my third son now? YOU CAN ADD IN YOUR SHARE? 4. we also have undivided portion of land in my two uncles (deaseased both) and my fathers name. (father deceased now.) can we divide it in three portions? YOU CAN 5. one of my uncle has sold a portion of land. can he sale portion of land without our knowledge? what is recourse? HE CAN SALE HIS UNDIVIDED SHARE IF BUYER IS READY,BUT HE WILL NOT GET PORTIONED WITHOUT your CONCENT.

yes, i am talking about my ancestral prperty only. pl advise.

By the name it appears you are Hindu by religion.  Since this is ancestral property, as said by you, after the death of your father, it will fall upon son, daughter, widow and mother  and other legal heirs of the deceased under sec. 8 of Hindu Succession Act.  As it is ancestral property, even the issues of the members  shown above, are also eligible for share in the property. 

 

You said "your father made in the name of  me, my sister, my son and my daughter(4 parts)". How he had made is not mentioned by you i.e. by way of will, gift. Anyway your father is not having any right to make the whole property. He can make the property to the extent of his share only, not above that. 

 

Coming to your case, on the death of your father, the property will go to you and your sister and the issues of you and your sisters and your second son as legal heir. (This succession will go upto 4 generations).  Infact, it is not in your hands to add or delete any legal heir.  Since it is ancestral property the property will automatically allotted as per the succession Act and coparcenery law. 

 

 

Coming to joint property of your uncles and your father, you can file partition suit against the legal heirs of your uncles.  If your uncles, at the time of their life, sold more than there share, without your knowledge, the purchaser of that extra property will be put to loss, it is dispute between the legal heirs of your uncles and the purchaser.  You need not worry. 

thanks adv. ravinder for eloberate info.

i would like to inform u that when my father was alive, he named our land in the neme of me, my only sister, my son and my mother. is it correct?? by hindu succsession act? should it shloud hv gone to me and my only sister as per law. i come to know that ther is a KUL KAYDA applicable differently in vidharbha region and rest of maharashtra. if that  is applicable then the ownership goes to me and my sisters name and then our children. i want to confirm that whatever my father has done when he was alive and put the nemes of me, my only sister, my son and my mother is correct and as per law applicable to pune dist. 

2. as mentioned by me that there is a potion of land in undivided between our joint family then. it is in the name of my father and my two uncles. can i demand division of land in three parts i.e. my fathers share and two uncles share by asking three diff 7/12?

again thanking you for ur eloberate info. it will help me to solve the disputes after my death. i am 60 yrs old n retired n  i want to set right all the confusion arising there after my death or now. my son and sister want devision of land with thier legal share. i m the eldest in the family. i m ready set all confusion legally. pl guide me.

thanking you,

with regards,

suresh patole, pune

shall some body explain,

1. what is KUL KAYDA?

2. IS IT DIFFERENT IN VIDHARBHA REGION ASND REST OF MAHARASHTRA? HOW?

3. CAN A PERSON NAME THE PROPERTY, when alive,  IN THE NAME OF ANY ONE IN FROM THE FAMILY AND NOT AS PER HINDU SUCCESSION ACT? ex. not in the name of legal heirs but to issues of legal heirs also?

4. can i demand division of undivided land property when my father and his uncles are decesed and their legal heirs are alive?

Kul kayda is nothing but,Bombay Tenancy and Agricultural Lands Act, 1948:which preambles as follow.. To gain maximum revenue from the land in India the British rulers introduced three major forms of land settlements namely Zamindari, Raiyatwari and Mahalwari. Under the influence of these systems actual cultivators turned into tenants. These land system created intermediary between the State and the actual tillers of the soil. These intermediaries had no interest in improvement of the land. Against this background intermediary interests were abolished by the Government by framing policy "Land to the tillers" In the Maharashtra under section 32 of the Bombay Tenancy and Agricultural Lands Act, 1948 provides compulsory transfer of ownership rights of tenanted lands to the tenants from 1st April 1957 which is known as the "Tillers' Day". There is complete sale and purchase on the tiller’s day. The title of landlord passes immediately to the tenant on the tiller’s day. The tiller who purchased the land under this act is classified as an Occupant Class II. The land of Occupant Class II is heritable but transfer of land is valid subject to fulfilling conditions imposed by the Government.