kp 07 January 2015

Previous owners sisters name stil on itad hakka 7-12 extract

Hello respected Lawyers,

My dad purchased a agricultural land from 2 brothers who had 5 sister in 1990. I met the Ambernath registar personally. My dads name is on the index II document but they say that his name cannot be on 7-12 extract as the sisters name is in itar hakka. Now both the orignial owners are dead and their sisters sons have put their name on itar haka.

Is there a law that a agreement that is executed before 1990 (not sure of the year) sisters cannot claim land rights on itar adhikar? please suggest.

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Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 07 January 2015

The new Section 6 provides for parity of rights in the coparcenary property among male and female members of a joint Hindu family on and from 09-09-2005. Thus on and from 09-09-2005 the daughters (in your case sisters of two brothers) is entitled to a share in the ancestral property and is a coparcener as if she had been a son.

rudra 28 February 2016

Hello Sir, In recent Supreme court judgement, the court said the father would have had to be alive on September 9, 2005, if the daughter were to become a co-sharer with her male siblings. In above case if father is died before 2005 can we remove above sister and their sons name from itar adhikar