Is Inheritance code is applicable for encroached agri land? Is Inheritance code is applicable for encroached agri land?

2 years ago

My Grandfather had agriculture land which is not revenue(encroached in 1978 ). After Grandfather it is now in the name of Grand Mother. Now my question is all sons has right over the land or not as per Inheritance code for Hindu family?

Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
Agricultural land falls under the state list. But the Hindu Succession Act that applies to majority of Indians – since inheritance of property is generally governed by personal laws – touches upon both agricultural and non-agricultural property.
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Anik

Responded 2 years ago

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A.Hi,
As per legal heirs of your grandmother her sons will have a right on the property but Section 4(2) kept agricultural land out of the purview of the Act.
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Abhimanyu Shandilya

Responded 2 years ago

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A.See the land laws are quite state specific and are dependent on many local way of dealings and rules. A land which is in possession but not owned becomes own by due process of laws> so, go seek help of local lawyer and check with the local BDO or circle officer to figure out the status.
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