• CNT land in Jharkhand

I am an ST woman married to a man from General caste living in another state. I want to inherit my ancestral land in ranchi district(where my father does farming), but my uncles are objecting. They say since I'm a woman I cant have the right to property, and since I'm married to a General I cannot transfer ST land in my name. What are the legal options available to tackle this.
Asked 4 years ago in Property Law
Religion: Other

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8 Answers

Your father can execute registered gift deed in your name 

 

2) gift deed should be duly stamped and registered 

 

3) there is no bar in you inheriting property on father demise 

Ajay Sethi
Advocate, Mumbai
99793 Answers
8147 Consultations

The right to ST woman to inherit landed property is not affected on her marrying a non-tribal under CNT Act. There is  no such prohibition in the Act. You have right to inherit your ancestral land. The objection of your uncles is not legally tenable. Your marriage will not deprive of your right in the land.

Ravi Shinde
Advocate, Hyderabad
5133 Answers
42 Consultations

You have a share in the property irrespective of where you live or whom you marry.

Therefore file a partition suit in case they refuse to grant you share.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You are legally entitled to your share in the ancestral property. Your marriage to a person of a general caste does not and cannot disqualify your from your inheriting your share. If your uncles still object, send them a legal notice and file a suit at the proper court for declaration of your title and partition of the ancestral property. Good luck!

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

You can file a suit before civil court and seek injunction

Prashant Nayak
Advocate, Mumbai
34527 Answers
249 Consultations

Chota Nagpur Tenancy Act (CNT act) is a significant act for the tribal population of Jharkhand. It prohibits transfer of tribal land to non-tribals and protects community ownership. 

But as per law, you do not lose your birth rights  being born in ST community even you get married to a person of general category.

You are very much entitled to inherit your share out of your father's share of property in the ancestral property.

Nobody has any power or rights to deny or deprive your rights.

Your rights in the ST comm unity remains in tact and even if your children would like to be recognized as ST community people, they can very well adopt the community of either of their parent as per their choice.

You can proceed through court of law if your share in the property is denied. 

T Kalaiselvan
Advocate, Vellore
89995 Answers
2496 Consultations

Dear Client, 

                  You can definitely claim your right to ancestral land despite the marriage and gender issue.Relevant provisions of CNT Act would apply as well as supreme court recently passed a judgement allowing daughters to claim equal right to ancestral property as that of a son.

Thanks & Regards

Anik Miu
Advocate, Bangalore
11017 Answers
125 Consultations

- As per law, after the demise of your father , you have right over the property left by him being the legal heir. 

- Further , as your father was from the ST community , then this tag will continue in your name even after your marriage with a general community person. 

- If they are not giving your share in the property left by your father or grandfather , then you can send a legal notice to uncle for the partition the property and to give your share .

- If refused, then you can file a Partition suit before the court. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

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