• Once names are removed from agriculture land can they be put back again in the case of death?

Hello, I am a resident of Gujarat. My family owns agricultural land. We are a family of 5. My father has 2 sons from previous marriage and one daughter from second marriage. On one of the land he owned, he had also put my 2 brothers names which when I turned 18 (the daughter) which is 10 years back he also put my name and got my brothers signature to remove their names. (They both have gotten their share of lands already) Now my father has passed away and my brothers are saying that according to new pedhinama their names will also be put back again on the land. My fathers only reason to get them to sign and remove their names was so that in case of his untimely death I wouldn’t have to fight for my right with the brothers. My point is if me and my father co jointly owned this agricultural land then how can they claim to put their names back when they had happily signed to remove their names? Is it possible that even after removing (naam kami) the names cause of my fathers death they will again have hakk on the land (naam chadna) while I still have my name on that land? Please kindly help, me and my mom are being fooled.
Asked 2 years ago in Property Law
Religion: Hindu

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8 Answers

Your father died intestate 

 

2) on his demise his share in land would devolve on his wife and 3 children 

 

3) merely because 2 sons name were removed during his lifetime would not mean they have no share in father demise 

Ajay Sethi
Advocate, Mumbai
84936 Answers
5617 Consultations

5.0 on 5.0

The said property related decisions will be depending on the will if your father had executed will otherwise it will depend on law of succession and you will be liable for equal share

Prashant Nayak
Advocate, Mumbai
24930 Answers
58 Consultations

4.4 on 5.0

See after intestate  demise of father as per succession act they shall have share in the land . Hota long your brother and mothers(if both wife alive they shall have one share ) if alive have equal share in properties on fathers name 

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
149 Consultations

5.0 on 5.0

If your father died intestate, that is, without leaving a will, all legal heirs have an equal right to the property. Each heir is entitled to one part of the property. 

Mohammed Mujeeb
Advocate, Hyderabad
19012 Answers
31 Consultations

4.5 on 5.0

Your father had put your name after removing the names of his sons, but if your father died intestate then on his demise his share in the land devolved on all his children equally. Consequently, the names of his sons is also to be included in the mutation certificate.

 

Ashish Davessar
Advocate, Jaipur
30752 Answers
923 Consultations

5.0 on 5.0

All lands are purchased by father. If they are disputing settlement done by father than in this case, father all assets will inherit by 1/3rd equally. You also have claim in their land.

Now ask them either share everything equally or accept the settlement done by father.

Yogendra Singh Rajawat
Advocate, Jaipur
21452 Answers
31 Consultations

4.4 on 5.0

No they cannot get the name on that property on which you get ownership rights during life time of your father.

If they want to change ownership on their name then they need consent and relinquishment deed from you.

If they somehow fool you and your mother and get their name on property papers then you can lodge FIR for fraud and forgery agaunst your brothers. 

Mohit Kapoor
Advocate, Rohtak
10688 Answers
7 Consultations

5.0 on 5.0

you have to challenge the mutation  entry in RTS proceeding in deputy collectors(appeal). for more help call me on my [deleted] no 

Rushi Siddharth Vakil
Advocate, Surat
9 Answers

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