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Who will get the agricultural land after father’s death?

Shivendra Pratap Singh

Advocate

27/05/2020

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Who will get the agricultural land after father’s death? Father holds one-acre agricultural land. He has a wife, three daughters and one son.

Question from Andhra Pradesh

This agricultural land is ancestral property therefore your father is not the absolute owner. Your father has three sons and one daughter. After the amendment in the Hindu Succession Act, the daughter became the coparcener. Therefore, the daughter has the equal right in the ancestral property as the son.

Who will get the agricultural land

In your case, the father, his three daughters and one son are the coparceners. All the coparceners have the right in this property. Therefore after the death of your father, you along with your three sisters will get the property.

Daughter’s right in father’s property

Section 29-A, 29-B and 29-C of the Hindu Succession (Andhra Pradesh Amendment) Act, 1985 have provided with daughters the right in ancestral property. The Andhra Pradesh government has provided such right much prior to the amendment in Hindu Succession act 2005. So it is evident that the children of your father will get the property after father’s death.

After the amendment in section 6 of the Hindu Succession Act, the daughter became the class 1 heir. This amendment statutorily recognises the right of the daughter in her father’s property. The daughters get equal right in father’s property along with the son. More importantly, the daughter acquires an interest by birth and continues to be protected even when the father disposes of his own interest through a will.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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Division of self acquired and ancestral property

The self acquired property of the deceased person devolves upon his legal heir if the deceased dies intestate (without making a will). So far as ancestral property is concerned the coparceners of Hindu undivided family get share in the ancestral property by birth. Therefore, a Hindu cannot alienate ancestral property by making a testamentary will. The legal heirs can divide the self acquired and ancestral property either by filing a partition suit or through a family settlement deed.

Can father gift ancestral property to daughter in law

All the coparceners have joint possession and rights in the ancestral property. Father cannot gift all ancestral property to his daughter in law. There is a separate procedure for making such a gift. However, the father can alienate his share in the ancestral property to any person either by the way of gift or sale.

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Fake registration of sale deed of my ancestral property

The “Karta” or manager of the joint Hindu family can sell the ancestral land. His power to alienate the ancestral property has some restrictions. He can sell the land for the legal necessity and for the benefit of the family. Only male coparcener can discharge the duty of “Karta”. Your grandmother could not perform the duty of “Karta” because she is not a coparcener.

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