• Agriculture land

We have some agriculture land in the name of my father which he inharit from my grandfather.now unfortunately he passed away without register a Will.we are 3 siblings but my brother is also deseased and his wife and one girl child is staying with us. My sister is also married .so i want to know how this land can be divided or if it can transfer on my mother's name? What are the laws related to this?
Asked 6 years ago in Property Law
Religion: Hindu

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10 Answers

If this is inherited property than all legal heirs name will included in it. 

You need to make application in the gram panchayat on your mother's name and all sons, daughter and daughter-in-law , grand daughter name, attaching father and deceased brother death certificate.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

provisions of hindu succession act are not applicable to agricultural lands in UP

2) Section 171 of the Zamindari Abolition and Land Reforms, 1950 Act clearly lays down that in case a male tenure holder dies then his son or his male descendants will come to inherit his rights in the holding of land. His own daughter and son’s daughter and the descendants of daughters have been excluded for this purpose

3)A married daughter has been completely excluded. If no male descendant is there, the rights of the deceased would come to be inherited even by his brothers or other male relatives but not by his own daughter. In categorical terms, the Act has preferred the brother of a deceased to a married daughter of the deceased for inheritance in tenure holding. Thus, even in a nuclear family where there is no male survivor, the married daughter cannot inherit the rights, rather her uncle has been found by our legislature in its wisdom, to be a suitable heir to inherit the tenure holding.

4) your mother has no share in agricultural land in UP

Ajay Sethi
Advocate, Mumbai
99962 Answers
8158 Consultations

1. IF "ALL" the residual legal heirs of deceased Father, are mutually ready, THEN they can all jointly with mutual signature execute a registered "Family Settlement Deed", in favor of Mother, by following due procedure of law.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Dear Sir,

If your father dies intestate  then you, your mother, your sister and brother's wife having equal share in your father's property.

After the death of your   father it naturally devolves on the following formula

Section 8 in The Hindu Succession Act, 1956

  1. 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.

Hindu Succession Act, 1956 [Section 8]

HEIRS IN CLASS I AND CLASS II

CLASS I

Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.

 

CLASS II

  1. Father.
  2. (1) Son’s daughter’s son, (2) son’s daughter’s daughter, (3) brother, (4) sister.

III. (1) Daughter’s son’s son, (2) daughter’s son’s daughter, (3) daughter’s son, (4) daughter’s daughter’s daughter.

  1. (1) Brother’s son, (2) sister’s son, (3) brother’s daughter, (4) sister’s daughter.
  2. Father’s father; father’s mother.

VI.. Father’s widow; brother’s widow.

VII. Father’s brother; father’s sister.

VIII. Mother’s father; mother’s mother.

  1. Mother’s brother; mother’s sister.

Explanation : In this Schedule, references to a brother or sister do not include references to a brother or sister by uterine blood

 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Land will inherit by 1/4th share each. Deceased brother share will inherit in his wife and child. Transfer of name and trasfer of title is different. Name can be trasfer in govt records by giving NOC and title will transfer by execution of release deed by all legal heirs in favor of mother.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

See if your mother is alive you along with mother ,deceased brother and sister shall have equal share in property.

The share of deceased brother shall go to his wife and children

Further to transfer same in name of mother all legal heirs can relinquish there share from the property.

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

After the death of your father, if he died without a Will, then the property will devolve amongst all legal heir.So in case your father did not have a Will, you, your mother and other siblings will be legal heir and the property will devolve amongst four including deceased brothers wifewife and children. 

for transfer said property in name of your mother all legal heirs can relinquish there share in your mother favour. 

Mohammed Mujeeb
Advocate, Hyderabad
19370 Answers
32 Consultations

All the legal heirs will have equal share in the same. For transferring it wholly on your mother's name you need to get noc from all other legal heirs

Prashant Nayak
Advocate, Mumbai
34649 Answers
249 Consultations

The land will be divided equally among four legal heirs that are mother and three children so

one fourth to your mother

one fourth to you

one fourth to your sister

and one fourth to legal heirs of your deceased brother. 

If you want to transfer the land to your mothers name then you all need to give consent for transfer.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Since the property was inherited by yor father and it was under his possession and enjoyment till his death, it was his own and absolute property.

Now upon his intestate death it will devolve equally on all his legal heirs  i.e., your mother, you, your siblings including the legal heirs of your deceased sibling.

Your mother is entitled for one share at par with other legal heirs. Your sisters may not be entitled to any share in the agricultural property due to operation of UP ZLAR Act existing in UP, however you may consult an advocate in the local on this.

 

T Kalaiselvan
Advocate, Vellore
90162 Answers
2505 Consultations

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