LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

naresh (engineer)     01 October 2012

Land rights

sir my grand father is a freedom fighter government alloted him 10 acers of land in year 1994 and my grand father died in the year 2003 my grand father has 2 sons and 2 daughters the 2 daughters got married 20 years back they were given some money and a flat as dowry at that time i want to know wheather they have right to ask for a share in that land there is no will made by my grand father 


 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     01 October 2012

If the land is still recorded in the name of Your GF and he & his family members is/are recorded in possesison , there is no problem in retaining the land. In my opinion the assigned land cannot be sold or partition. Since it is assigned land as per govt. records.

Senthil Kumar L (Advocate)     02 October 2012


Dear Naresh,






As per the Hindu Succession Act, 1956












a)     Son,



b)     daughter,



c)      widow,



d)     mother,



e)     son of a pre-deceased son,



f)       daughter of a pre-deceased son,



g)     son of a pre-deceased daughter,



h)    duaghter of a pre-deceased daughter,



i)       widow of a pre-deceased son, 



j)       Son of pre-deceased son of a pre-deceased son,



k)     daughter of a pre-deceased son of a pre-deceased son,



l)       widow of a pre-deceased son of a pre-deceased son.









Hence Two Sons and Two Daughters are having equal [i.e. 1/4th] share in the said 10 Acres of land.






After the amendment to the Hindu Succession Act in the year 2005, the daughters are having absolute right in the ancestral property too.  In the instance case the property is not self earned property of your grand father.






Hence the Daughters of your Grand Father can claim their share on the said properties from the Sons of your Grand Father.






However it is advisable to verify the Assignment Document issued by the Government in favour of your Grand Father to ascertain whether there is any clause which prohibits from alienation, partition, settlement etc.,






In general there will not be any such condition which prohibits the lawful owner. 




Article 300 of the Constitution of India also enables every citizen to own, enjoy and dispose the property.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Related Threads


Popular Discussion

view more »

Post a Suggestion for LCI Team
Post a Legal Query