• Clarification regarding the legalheirs of land

Sir/Madam, i have 2 acrs of DKT land and the same showed in pattadar passbook, 1B, adangal, the above land i got from my father through registered will in 1997 in Andhra Pradesh, i am one of the 5 daughters of my father, now my 4 sisters claiming we are also legalheirs, share land among ourselves equally, please give clarification, am i only legalheir or 5 members are legalheirs for that land
Asked 1 month ago in Property Law from Chittoor, Andhra Pradesh
Religion: Hindu

Your father had bequeathed land to you by registered will and has been mutated in your name 

 

2) your sisters have no share in property 

Ajay Sethi
Advocate, Mumbai
74388 Answers
4450 Consultations

5.0 on 5.0

If you are dis satisfied with compensation 

 

under section 64 of new land acqusition act you can make written application to collector requesting that matter be referred to authority as you are not satisfied with the compensation awarded

2) the collector has to make reference within period of 30 days to authority

3) if collector faisl to dos you can apply to authority requesting it to direct collector to make refernce

4) please note that you should apply to colelctor within period of 6 weeks of receipt of award from collector

Ajay Sethi
Advocate, Mumbai
74388 Answers
4450 Consultations

5.0 on 5.0

If govt is not paying you in spite of representation file writ petition in high court

Prashant Nayak
Advocate, Mumbai
18517 Answers
34 Consultations

4.6 on 5.0

Madam,

In your query, you have not mentioned the type of land possession i.e. whether it is self acquired or ancestral. In case of self acquired land, sisters can't claim any share. In regard to compensation and capture of land, you are suggested to approach the district collector/concerned land acquisition department and ask the remaining compensation. 

Ganesh Singh
Advocate, NEW DELHI
4398 Answers
9 Consultations

4.5 on 5.0

1. Property received by you via Father's registered WILL in 1997, is Final & now irrevocable, at the hands of other residual legal heirs.  

2. IF other legal heirs are aggrieved THEN they have to challenge Father's WILL in court (which is literally impossible now after 22 years) and seek their share/s of Father's property, but now they cannot demand any share from you.

3. For compensation of the acquired land, move proper application before the relevant District Collector's office (dept. which earlier gave compensation) and request for remaining compensation.  On failure file appeal before Collector and finally before local Civil Court.  This can be easily done.

Hemant Agarwal
Advocate, Mumbai
4307 Answers
23 Consultations

5.0 on 5.0

Hello,

  1. If the property was willed to you by your deceased father, it being in the nature of self-acquired land, you alone are the owner of the land. If they want to claim any right in it, they would have to challenge the Will of your  father in a court of law.
  2. You have to file a Civil Suit in the court having jurisdiction in the locality, by engaing a lawyer locally to get remaining half amount and compensation.

S J Mathew
Advocate, Mumbai
2667 Answers
110 Consultations

5.0 on 5.0

As far as this property is concerned it was bequeathed to you by your father by executing a registered Will in your favor.


Hence other children/legal heirs are not entitled to any share in this property.

 

Even though all the children of your deceased father are his legal heirs, you are the only named beneficiary in the Will, hence they are not entitled to any share in the property.

Let them claim, you may nullify their claim for a share in the property by enforcing the registered Will through court of law.

 

 

T Kalaiselvan
Advocate, Vellore
64348 Answers
834 Consultations

5.0 on 5.0

You give an application to the competent authority seeking compensation to the remaining land also.

If there is no reply or action then you can move high court or civil court for land acquisition disputes seeking releif.

 

T Kalaiselvan
Advocate, Vellore
64348 Answers
834 Consultations

5.0 on 5.0

They are shareholders but only if you didn't have a will. Now you have a will and that makes all the difference.

Rahul Mishra
Advocate, Lucknow
7927 Answers
15 Consultations

5.0 on 5.0

You have to petition the collector of the district who is in charge of compensation in case of land acquisition.

Rahul Mishra
Advocate, Lucknow
7927 Answers
15 Consultations

5.0 on 5.0

  1. It seems to be self acquired property of your father as such your inheritance through Will is legal and valid.
  2. You can approach the High Court and get compensation.

Kishan Dutt Kalaskar
Advocate, Bengaluru
5279 Answers
171 Consultations

5.0 on 5.0

 - As per law, a WILL is valid forever , if it is made with free consent, without pressure .

- There are no specific law regarding limitation period for the WILL in Indian law and after passing 12 years from the date of the person , who executed WILL , the WILL Permanent.

- Since, you got the said property from your father in 1997, hence now this WILL is unchangeable as well. 

- Hence other children/legal heirs of your father are not entitled to get any share in this property, even they are the legal heirs.

- You should move an application before the competent authority/District Collector's office for getting remaining compensation of the acquired land.

- If no response, then you can file suit in the court .

Mohammed Shahzad
Advocate, Delhi
2488 Answers
33 Consultations

5.0 on 5.0

You alongwith your four sisters are legal heirs of your father.

However, since your father bequeathed the property to you through Registered Will, you are the owner of the said property.

Your four sisters do not have any right, title or interest in the said property by virtue of said Will in your name bequeathed by your father.

Since half compensation is paid and no payment is made for plantation, you can make an application to the concerned Land Acquisition Officer (LAO) / Collector raising your grievance with regard to half payment and no payment as per norms, and request him to release your entitlement as per norms.   

S Srinivasa Prasad
Advocate, Hyderabad
1867 Answers
7 Consultations

5.0 on 5.0

By virtue of Will, you are sole owner. They are legal heirs but disinherited by father by executing Will in your favor.

Without due compensation for acquisition and cost of plantations, acquisition is illegal. File Writ in High court. You can also challege the acquisition if low compensation paid.

Also submit representation in collector office.

Yogendra Singh Rajawat
Advocate, Jaipur
18433 Answers
22 Consultations

4.6 on 5.0

You are the absolute owner of the land after your father’s death through his last will. For getting the compensation from Land Acquisition, file application for the same before competent authority (District Collector) and submit all documents with regard to the property, death certificate and also will deed. If he is not act then file case (Arbitration OP ) before district court.

Ajay N S
Advocate, Ernakulam
3437 Answers
67 Consultations

5.0 on 5.0

1. What is DKT land? If this is a term specific to AP then I am unaware of it.

2. Be that as it may, if the title of land was free and marketable in the hands of your father then he was free to bequeath it to you. If will has been made in the manner envisaged in the law then property has devolved on you absolutely in terms of the will, consequently other heirs of your father have no share in the property,

3. If compensation has not been paid then you can seek compensation unless your claim is belated. Your query does not say when acquisition was made and part compensation was paid.

Ashish Davessar
Advocate, Jaipur
28564 Answers
835 Consultations

5.0 on 5.0

1. As the land was transferred on your name through registered will of your father then you are the only owner of that land.

2. Your sisters cannot claim the share from land inherited to you through registered will of father. 

3. You have to file writ petition in High court for claiming remaining compensation amount. 

Mohit Kapoor
Advocate, Rohtak
7885 Answers
2 Consultations

5.0 on 5.0

If the father dies intestate, that is, without leaving a will, all legal heirs have an equal right to the property.

youur siblings have no share in said property. 

Mohammed Mujeeb
Advocate, Hyderabad
15449 Answers
7 Consultations

4.5 on 5.0

you can make a representation to the competent authority with documentary evidences supporting your claim for compensation for acquisition of your land.


you can make a representation to the competent authority with documentary evidences supporting your claim for compensation for acquisition of your land.

Mohammed Mujeeb
Advocate, Hyderabad
15449 Answers
7 Consultations

4.5 on 5.0

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