Family Settlement

Agricultural land transfer issue .

Hi , my friend have some Agricultural land in his hometown ( 6.2 acres) on his father’s name and his father passed away on 2007. This is dry land and as per the revenue records land belongs to his father and they all supporting docs as revenue system. Recently he is trying to transfer the land on my friend's mother name and my friend , his brother and an elder sister are given an affidavit that they don’t have any issues transferring land on mother’s name. Right now the issue is : His cousin ( father’s sisters’ son) threating that he will file a case if we don’t have some share to him. Will they legally eligible get the share if the land on father’s name. My grandfather expired in 1992( by the time only land is transfer on my father’s name) , however as its dry land and no water we have not taken very seriously. State : Telangana in case of any documents needed we can provide. I am writing on behalf of my friend issue for seeking advice.

Expert Advice

Dear Sir, As per the facts stated by you, and assuming that the all members of your friend's family are Hindu by religion, my view is as under. The legal right of your friend's cousin will depend on whether or not the land is ancestral in nature. The following are the scenarios: Scenario 1A: The land was self-acquired (i.e. purchased, not inherited) by your friend’s grandfather (let's call him 'Grandfather'), and Grandfather transferred the land to his son (your friend’s father, let's call him 'Father') by a last Will. In this case, your friend's cousin has no legal right on the land. Scenario 1B: The land was self-acquired by Grandfather, and he died intestate (i.e. without a last Will). In this case, all the Class I heirs of Grandfather (which includes Father and his brothers and sisters) have an equal right in the land. Therefore, your friend’s cousin can contest the transfer of the land only to Father (and not to the cousin's mother). Scenario 2: The land was ancestral property of Grandfather (see note below). In this case, the land cannot be alienated by way of a last Will. All the legal heirs of Grandfather (including the cousin's mother) have an equal right to the land. Therefore, your friend’s cousin can contest the transfer of the land only to Father (and not to the cousin's mother). Note: For any property to be considered as ancestral property, it should have been inherited from at least four generations of male lineage by Grandfather. Do note that if the transfer of the land from Grandfather to Father was done with proper legal diligence, your friend’s cousin will have no legal right in the land. I trust this explains your situation.

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Adv. Manish Acharya

Andheri , Mumbai

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