My sister is widow. Her father in law had transferred agriculture land from bhogwata varg 2 to bhogwata varg 1 under his name alone, in maharashtra. Does he need my sister (daughter in law)'s noc to sell land? If so, does her name come into sale deed? Or whether he himself can sell land since only his name is in 7/12
Bhogawat- 2 land is in possession of the original allottee for more than twenty years the the state allows such possessor to pay some premium amount to the state and have such new tenure land converted into old tenure land.
Therefore he doesn't have to obtain permission from anyone including your sister to sell this property
Father in law can sell the agricultural land
2) NOC of daughter in law is not necessary
but since originally land was in bhogavata 2, doesn't it fall under ancestral category, in which case widowed daughter in law gets share or rights in property to sell? Has father in law's sole name in 7/12 made him sole owner to decide on sell and receive entire sale proceeds? for ancestral qualification, should 7/12 need to show only great grandfather as owner? if not, what has made it look like self-acquired from ancestral- is it bhogvata 2 to bhogvata 1 conversion? Please explain details and guide how can I verify this.
Bhogawta-2 menas the land is of new tenure and the property is that of the State yet citizens are allotted such land by the gram panchayat for to sustain their livelihood by the mode of cultivation of the land.
2) If Bhogawat- 2 land is in possession of the original allottee for more than twenty years the the state allows such possessor to pay some premium amount to the state and have such new tenure land converted into old tenure
3) bhogvata 1 means land stands in babe of father in law and he can sell the land
3) it is not ancestral property
The property in possession under bhogavat 2 is not ancestral property.
Bhogawat- 2 land is in possession of the original allottee for more than twenty years hence he would be eligible for conversion to convert it to 1.
Hence the person on whose name the property lies can very well sell it independently without obtaining consent of NOC or permission from anyone.
only if father in law transferred it through registered deed can make her owner
she has share in the land. FIL cannot sell alone.
- Bhogwata 2: The account holder who has long been the owner of the land has been given the full right to sell the land. Such lands are included in Class I of the account holder. There is no need for any government pre-emption to sell / transfer these lands.
- If the said property is in the name of father-in-law since long time , then he has his right to sell it , and during his life time none having right to claim over the same.
The original allottee for bhogwata varg 2 could have been ancestor of father in law. Father in law did not buy the agri land with his money, only that his sole name is currently present on 7/12. So doesn't ancestral ownership conditions apply during the course it was bhogwata-2? what exactly made this as non-ancestral property? Please educate.
You must state actual facts of case
Land was allotted to grand father or father in law
3) does not make it ancestral property
- Your sister can send a legal notice for seeking her husbands share in the property , and on refusal can file a Partition suit before the Court.
- Further, after the demise of her husband she can claim residential right from her father-in-law and also can claim maintenance from him legally.
There is no record of the ancestral ownership in this property, the name of the present person only appears as possession holder, hence it cannot be an ancestral property by any means.
Dear client,
1. Bhogwata Varg 2 to Bhogwata Varg 1 Conversion: The transition of the land from Bhogwata Varg 2 to Bhogwata Varg 1 signifies a change in the classification or category of the land. This shift might have legal implications regarding ownership and rights associated with the land.
2. Ancestral Property and Inheritance: The concept of ancestral property is crucial in determining the rights of heirs. Ancestral property is generally understood as property inherited up to four generations of male lineage without any division or disposition.
3. Ownership and 7/12 Extract: The 7/12 extract reflects the land's record of rights, indicating the person who has the title and rights over the land. While it currently shows your father-in-law's name, this might not necessarily be the sole determinant of ownership, especially concerning ancestral property rights.
4. Widow's Rights: Widows in India often have rights to their husband's property, depending on various factors, including the nature of the property and the presence of surviving heirs.
5. Verification and Legal Counsel: To verify the details and understand the legal implications accurately, consulting a property lawyer in Maharashtra who specializes in inheritance and property laws is crucial. They can review the documents, including the 7/12 extract, assess the transition from Bhogwata Varg 2 to Varg 1, and provide guidance on your sister's rights and any required NOCs or documents for property transactions.
You can reach out to us for further assistance
