Whether the land was earlier allotted to your father. As if you have received the occupancy rights or ownership rights after your dads death and your dad was not having the same. The first question is whether the said land is termed as your self acquired property or only occupancy rights is given. If only occupancy rights are given sister can't claim the same. As the said land was never of owneerhip nature to your dad the rights of your sister can't be established in the same
Inam land is granted directly to me and I have occupancy rights
My father expired in 1968 ... after father expired , as I was cultivating the land and doing pooja of temple Inam land is granted on my name and I have occupancy rights ... for ur kind information land is granted directly to me from government and not from father what I mean is father didn’t get occupancy rights I applied to special deputy commissioner under the Inam abolition act And got occupancy rights in my name . I have three sisters first sister got married in 1965 , second sister in 1975 and third sister daughter in 1987. Now my sisters are claiming that they need an equal share in the property . Will my sisters get the equal property Or notional partition applied here. I need to know whether my sisters can get a share in the property which is granted in my name ... or they don’t get share . Can they claim in the Court that because of my father who expired in 1968 my brother got occupancy right so even we need equal share in the property . I want to know the exact solution because we have contacted many lawyers and we were not able to find the exact solution . You are answer will help us a lot thank you so much please explain this in detail sir ...
Asked 6 years ago in Property Law
Religion: Hindu
15 Answers
Inam land is granted directly to me and not from father , I applied to special deputy commissioner under Inam abolition and Got occupancy right in my name and now my sisters are claiming that they need a equal share . They are claiming that as my father was also cultivating the land and doing puja to temple so even we Have a rights as their daughter . How the partition will be done .... The sisters get the property Please let us know sir thank you so much
Asked 6 years ago
No partition can be done. You do not hold the ownership of the land. You can only use the land for specific purposes only for which occupancy right is granted to you.
When an occupancy right is granted in the name of the Manager of the joint family it would enure for the benefit of the entire family. The lands vested in the State. But as soon as the occupancy right is granted, in the event it is held that the same inured to the benefit of the entire family, it becomes partible.
2) Useful reference in this connection may be made to Shaik Sharfuddin alias Bukka Sharfuddin vs. Joint Collector, R.R. District & ors 2003 (5) A. L.T. 108.
Right of inheritance and succession is a statutory right. A right in a property which is vested in terms of the provisions of the Hindu Succession Act cannot be taken away, except in terms of provisions of another statute, which would have an overriding effect.
3) on demise of your father if you have been granted occupancy rights your sisters can claim share
Possession of one sharer would be deemed to be the possession of others. It is a legal concept. This legal concept cannot be held to have been done away with under the Act. If a right of property is a human right as also a constitutional right, the same cannot be taken away except in accordance with law.
Your sisters can claim share
They could have claim if the land inherited from father but not in the land directly allotted to you. You must be having denouements since the origin of land.
They have to file partition suit and have to prove that land is inherited from father. Since land is directly allotted to you, their claim will fail.
Dear Sir,
It is their dream. Ask them to approach the Civil Court.
property is not considered as an ancestral or inherited . it is inami land which is granted by govt to you. your sibling dont have rights in inami land.
If the property was allotted to you on your name by the government then it becomes your own and absolute property since you have been given the occupancy rights.
This property shall devolve on your own legal heirs after your lifetime.
Your siblings are not your successors in interest, neither they can claim any share in the property as a right since this property was allotted to your name with occupancy rights.
If your brother has an occupancy rights in any other property then he will be entitled to have rights and interest in that property alone.
However if your brother was also given occupancy rights, then he may be entitled to a share in the property in which you have occupancy rights.
Just because your father was cultivating the landed property that was allotted to you directly, your father cannot claim any rights in the property.
Hence if your father did not have any rights in the property, then your sisters, as his legal heirs do not have any rights in the property.
Let their partition suit go on, you may challenge the same on merits and documentary evidences in your possession.
Dear sir
Your sisters are not entitled to get any share from the property of your father died in 1968 because the Amendment of Hindu Succession Act 2005 clearly states that if father died after the amendment then daughters are entitled to get equal share from property. Even if any daughter dies before 2005 her legal heirs cannot claim share from the property if father.
I have Inam land granted to me directly , now my sister are asking for share saying u got Inam land because our father was cultivating land So government has Granted rights to you on death of our father . So u got occupancy rights. So my sisters are asking share That even they need that even Share in Inam land . my question is will they get equal share or no share or Notional partition will be done ? Please let me know your answer will be very very very helpful to me . Thanking to everyone in advance.
Asked 6 years ago
When an occupancy right is granted in the name of the Manager of the joint family it would enure for the benefit of the entire family. The lands vested in the State. But as soon as the occupancy right is granted, in the event it is held that the same inured to the benefit of the entire family, it becomes partible.
2) your sister can claim share as occupancy rights are granted for benefit of entire family
Yes she will get the share in the property
If it's allotted to you directly she will not have any right in the said land.
No worries. Let your sister file a partition suit in court and you may then produce the relevant title deeds to establish your ownership and get the case dismissed with in 1 year.
Let your sisters make a claim in the property standing at any platform using any grounds or reasons.
You have documentary evidences to prove that this property belonged to you and you are the absolute owner of the property, hence don't be bothered about their claim, you can refute the allegations and dismiss her claim.
Discuss with your advocate at length and challenge their claim.