Legal Question in Landlord & Tenant Law in India

my father has been expired in 1996. my mother is getting pension. and on compensation,my elder handicapt btorher is working on the post of 4the class.after my father expired, the 30 beegha Agricultural land had been divided into three bothers in the reords in tahseel.but no divide line in the lands. then thries of brothers were underage. but now all parts of lands thries of brothers have their kisan bahi ,khasra, khatauni.... in this years in my mother has filed a case to get some parts of the lands from all thries of brothers for her servive.........what is should be........... i want get answer, that what will be happed in future...... please.... tell me sir


Asked on 9/29/13, 2:08 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

29.09.2013

Dear Sir / Madam,

If the 30 beegha agricultural land was transferred by your father in the name(s) of his three sons prior to his demise, of his own consent and desire, then each son is entitled to his share of the land, as given by your father to them. If not transferrred by your father before his demise, but if your deceased father has left behind his Will pertaining to his land, then the beneficiary/ies named in the Will are entitled to get your deceased father's land transferred in the beneficiaries' name. If your father has not left behind a Will, and he has died intestate (without making a Will), then the land property actually vests in your mother. In short, if the transfer of portion of the land in the name of your brothers has not been done before your father's demise, nor your father has left behind a Will, then your mother has the right to claim her share in the land.

Regards,

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Answered on 9/29/13, 2:21 am


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