Legal Question in Real Estate Law in India

Daughter's right to deceased father's agricultural land

Hello,

I am emailing for my mother. My maternal grand father passed away a few years ago and did not have any will transferring any part of property to family.

My maternal grand mother, by god's grace, is hale and hearty, and continues to live in a part of their multi storey home in Delhi. My mother has 3 brothers. In all, 4 siblings.

My grand father has agricultural land, which is also not in anyone's name after him. My grand mother has released this land from her name to the name of her children.

My question is: -

1. Does my mother have any rights to the agricultural land of her father's after his demise? Or, by law it is only the sons who inherit agricultural land?

2. How much right does my mother, by law, have to her father�s house which he built on his own?

Thank you!


Asked on 7/06/09, 11:46 am

4 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Daughter's right to deceased father's agricultural land

1. Yes, she may be entitled to her share in the land;

2. She may inherit equally with other Class I heirs.

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Answered on 7/07/09, 12:31 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: Daughter's right to deceased father's agricultural land

after the amendments in 2005, even your mother has an equal rights qua her brothers and you are advised to see a lawyer in your area for filing a suit for partition. the partition may also be done at the tehsil level.

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Answered on 7/07/09, 12:51 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Daughter's right to deceased father's agricultural land

1. Yes. All have rights after 2005.

2. Equal shares to all sons, daughters and widow.

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Answered on 7/07/09, 1:17 am
Rohini Kumar Tenneti R.K.1080 LEGAL SERVICES

Re: Daughter's right to deceased father's agricultural land

Your mother would get equal share along with all the siblings as per law of inheritance.

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Answered on 7/06/09, 11:49 am


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