Legal Question in Landlord & Tenant Law in India

02.03.2014

Dear Sir / Madam,

The basis (documentation) on which your father acquired the land from your aunty is important. Secondly, if the same has not been registered in your father's name in the record of the Tahsildar / District Registrar by following due process of law, your father will be deemed as a "landless person".

Relevant extracts of the Planning Commission in the context of the Constitution of India read as follows :

29-B. When a female Hindu dies after the date of the commencement of the Hindu succession (Tamil Nadu Amendment) Act, 1989, having, at the time of her death, an interest in a Mitakshara coparcenary property by virtue of the provisions of Section 29-A, her interest in the property shall devolve by survivorship upon the surviving members of the coparcenary and not in accordance with this Act:

Provided that if the deceased had left any child or child of a pre-deceased child, the interest of the deceased in the Mitakshara coparcenary property shall devolve by testamentary or intestate succession, as the case may be, under this Act and not by survivorship.

(2) The consideration for which any interest in the property of the deceased may be transferred under this section shall, in the absence of any agreement between the parties, be determined by the court on application being made to it in this behalf, and if any person proposing to acquire the interest is not willing to acquire it for the consideration so determined, such person shall be liable to pay all costs of, or incidental to, the application.

(3) If there are two or more heirs proposing to acquire any interest under this section, that heir who offers the highest consideration for the transfer shall be preferred."

29-C. (1) Where, after the date of the commencement of the Hindu Succession (Tamil Nadu Amendment) Act, 1989, an interest in any immovable property of an intestate or in any business carried on by him or her, whether solely or in conjunction with others, devolves under section 29-A or section 29-B upon two or more heirs, and any one of such heirs proposes to transfer his or her interest in the property or business, the other heirs shall have a preferential right to acquire the interest proposed to be transferred.

For respective concerned State, you may follow the link :

http://planningcommission.nic.in/reports/articles/ncsxna/index.php?repts=wland.htm

Regards,