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SAM (LEGAL)     13 February 2022

My grandfather's property/agriculture land

Dear sir,

My grandfather who is staying in village area has four daughters. All four daughters got married and are staying with their respective family members. My grandfather thinking about future life he adopted a male child (with no valid paper work in village).

When the adopted son got major he then got married and then got divorced. He has two sons from first wife. He married second girl with whom he got divorced after few years.

Now my grandfather is old more than 79 yrs age and now his adopted son he is taking all the pension amount of my grandfather and spending it towards himself. He sells all foodgrains and never gives any amount of sale proceeds to my grandfather.

Now i heard that he is thinking of selling agriculture land which is in the name of my grandfather and grandmother. Prospective buyers are coming to visit and see the agricultural land.

Now all the daughters fear that in future the adopted son might sell off all the immovable property to some prospective buyers and the adopted son might spend money and invest somewhere for his personal purpose.

Dear members kindly guide how the share in immovable property of daughters will be protected. All the daughters are staying very far from their father. It is not possible to travel them far as they too are aged 42, 50, 55 and 60 yrs.

My grandfather is such that he doesn't want to stay with any of his daughter's and wants to rest his life peaceful in village even though we try to convince our grandfather to come and stay with us.

Daughters fear that the adopted son might make a WILL and try to get all the agricultural land in his own name and take forceable signature of my grandfather on WILL.

Kindly guide how should daughters protect their rights. 



Learning

 1 Replies

Palak batra   16 February 2022

Dear Querist,

 

Earlier women had no right to gain ownership of an ancestral property before an amendment was made in the Hindu Succession Act, 1956. After the amendment of 2005 women were given the same rights of any other male coparcener over the property. Here, women only refers to the daughters of the family and remains a coparcener even after her marriage. 
The sisters have as much right as the adopted son and can ask for the share in the property as well as can protect their father's property.

 

Regards,

Palak


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