• How my aunty became an agriculturist

Sir , My aunty lives in Himachal Pradesh. She is widow. My uncle was also land less. My aunty lives her brothers village. She has no land in her name any where in india. Her father died in1943 , and all his land transfed to her two brothers. It is case of before 1956. how she claimed himself a agriculturist ? Can she claim the right of agriculturist through court by a civil suit on her brothers?
Asked 5 months ago in Property Law from kangra, Himachal Pradesh
Religion: Hindu
1) when was land transferred in her brother name? 

2) did the widow give her NOC to brothers for transfer of land ?

3) she can file suit for partition and seek orders to  to set aside transfer of land made in favour of her brothers 

4) delay in moving court has to be explained by your aunt 
Ajay Sethi
Advocate, Mumbai
23100 Answers
1212 Consultations
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Hi, If she become the agriculturist then only she can claim agriculturist or she can't claim so and further  Civil Court has no power to declare that you being agriculturist.
Pradeep Bharathipura
Advocate, Bangalore
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133 Consultations
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If the properties of your aunt's father was transferred to her brothers before 1956 then she has no grounds to seek partition now, because prior to 1956 the daughters were not entitled to a share in their father's properties, they became entitled only after the amendment made in the year 1956.
If she claims herself as an agriculturist, it means she is adopting some fraudulent methods to claim the rights false for some wrongful gains.
The civil court has no powers to declare a person as an agriculturist when that person is not the one 
T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
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1. She cannot file a civil suit to seek declaration of her status as an agriculturist unless that status has been asserted by her and rejected by a govt authority.

2. Prior to 1956 the daughters did not had the right to succession to the property of the father dying intestate. 
Ashish Davessar
Advocate, Jaipur
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445 Consultations
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1) land has been transferred in brothers name in 1944 . what was she doing for 70 years ?

2)she can  file suit for partition to claim her share

3) if brother is agreeable consent terms can be filed in court wherein he agrees to transfer one third share of land in her name 
Ajay Sethi
Advocate, Mumbai
23100 Answers
1212 Consultations
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In 1944 she was not entitled to any share in the property, so naturally her NOC was not required.
If she was not an agriculturist anytime but claiming to be one now, she might have adopted some fraudulent methods to acquire this status.  If you confirm that acquiring agriculture status she has done any related activity or transaction, find them out and apply for information through RTI act asking for the details of her status of agriculturist and the relevant documents submitted by her to claim this status from the concerned authorities and confirm how or in what fraudulent way she obtained this status.
T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
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In 1944 the Hindu Succession Act was not in existence. Therefore, the daughters had no share in the property back then.
Ashish Davessar
Advocate, Jaipur
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445 Consultations
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1. Was her father an agriculturist?

2. Dis her father transfer all his agricultural land to her two brothers?

3.  She shall have to take a certificate from the collector of the place where  father stayed and had agricultural land and for that she has to take recommendation from local counselor. 
Krishna Kishore Ganguly
Advocate, Kolkata
12034 Answers
227 Consultations
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1. She has to collect the copy of the deed through which her father has transferred his agricultural land in favour of his two sons,

2. This deed will establish the fact that her father was an agriculturist,

3. She being the daughter of an agriculturist can claim the status of an agriculturist.
Krishna Kishore Ganguly
Advocate, Kolkata
12034 Answers
227 Consultations
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While applying for the certificate from the local collector for certifying her as an agriculturist, she has to ensure that her yearly income from non agriculturist source does not cross the prescribed limit to be called an agriculturist. 
Krishna Kishore Ganguly
Advocate, Kolkata
12034 Answers
227 Consultations
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