• Transfer of property of a Scheduled Tribe after death to his not tribal wife and children

A person belonging to Scheduled tribe has married to a woman belonging to Non Tribal. 
 Since Land Revenue Act 1959 Section 165(6) does not allow any kind of transfer of property to tribal to non tribal.
After death of Tribal Husband is it possible to transfer all his property to his wife and Children? If yes, then what are legal grounds?
Asked 4 years ago in Property Law
Religion: Hindu

7 answers received in 1 day.

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10 Answers

1. Please note that transfer of property includes sale mortgage . lease , assignment or gift as defined under the Transfer of Property act.

2. Devolution of property on the legal heirs on death of the owner is called inheritance and the same does not fall under the definition of 'transfer'.

3. Hence if the widow of the Tribal person inherits his property the same is no way debarred by the prohibition of LR Act as sated by you.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Yes as per Indian succession Act it is possible to transfer the same.

Prashant Nayak
Advocate, Mumbai
27245 Answers
88 Consultations

4.4 on 5.0

Hello,

Yes the wife will be entitled because of the law of inheritance.

Hope this helps.

Regards.

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

The transfer is decided as per the law of the land. If the law does not allow any kind of transfer of property from tribal to non tribal then it cannot be done. But if the law is amended and the law gives right to transfer then the transfer is permissible. For expert advice you can visit the required department to gain more information. Besides you can seek help from a local lawyer.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

The intestate property of the deceased property owner shall devolve on his class I legal heirs after his intestate death.

Since his wife and children are his own class I legal heir,. they can invoke the provisions of HSA for acquiring the property even though they do not belong to the ST category.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Yes transfer is not allowed but by way of inheritance the property can be devolved in the wife and children. The transfer by sale, gift is not allowed from a tribal to non -tribal but inheritance is allowed, wife and children will inherit the property under HIndu Succession act on death of husband or father. Rules of succession there under to Class I heirs will apply.

8. General rules of succession in the case of males.—The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter—

(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;

(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule;

(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and

(d) lastly, if there is no agnate, then upon the cognates of the deceased.

Under class one there are wife children and parents.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear Client,

Child born out of marriage will assume same status as of father.

And Under Hindu Succession Act, being central act, will prevail over local act and wife will inherit share acc to HSA.

192. The interest of an occupancy tenant in his holding shall, on his death, pass by inheritance or survivor ship in accordance with his personal law.

So, u can WILL the property in wife and child and in that case Indian Succession Act will prevail.

Better understanding of the same, read judgement below where sale is effected to Non tribal.

Banks Can Sell Tribal Land To Non-Tribal Even If Prohibited By State Law: SC [Read Judgment]...

Read more at: http://www.livelaw.in/banks-can-sell-tribal-land-non-tribal-even-prohibited-state-law-sc/

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Sir after transfer to her wife's name can she sale the same property to non tribal?

Her cast in the revenue record are showing non tribal.

If the property was not allotted to him under any special scheme by the government at free of cost, then she can sell the property once it is transferred to her name in the capacity of its owner.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Sale is not possible to non tribal. As status of land will remain same.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Wife cannot sell property to non tribal

Sale deed can be set aside as prior permission of collector is required for sale of property to non tribal

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

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