now the rule has changed by the ammentment act of 2002 and all legal heirs male or female are entitled for the share in the same. you have to produce our grand fathers death certificate and get a legal heir certificate and then give an application to change the pattadhar in the name of his legal heirs in the land tribunal or to thalisdhar then ask to mutate the same in the name of his daugther and sons and make a family settlement deed or file a partition suit claiming your share
Land inheritance - Pattadar Passbooks
We had 4 acres cultivation land in Andhra Pradesh which was transferred to my grandfather from his father in 1935. My grandfather has pattadar passbooks for the land on his name until his death in 1989. He died without writing any will. He has 1 daughter married in 1960s and 3 sons, my father is one of them. All these years from 1989 to till date my father is paying land taxes on his name and on the name of his two brothers (who are living in cities) by dividing 4 acres to 1.3 acre for each of them. We have tax receipts for all these years on the names of my father and uncles. But the pattdar passbooks are not transferred to my father and his brothers since there is no will written by my grandfather. Now when we apply for pattadar passbooks for 4 acres on the names of my father and uncles, Revenue officials saying that there is no will from my grandfather regarding land partition, so they cannot provide passbooks. How to deal with this situation? Will my father's sister also get a share in her father's property ( She got married in 1960s, and I read some where that only women married after 1985 will get share in parent's property). Please help with your advise.
Asked 10 years ago in Property Law
10 Answers
I have gone through your case...
Your grandfather died in 1989 without executing a will...That means he died intestate... In such a case as per Hindu Succession Act his property will be divided equally among the legal heirs of Class-I Category.
Hence your father along with your uncles including your aunt (married daughter of your grandfather) have got equal right over said plot land and have got full right to mutate their name in the land record of your area.
So, my advice to you is that ask your father to execute a partition involving his brothers and sister and get its registered and after execution of the partition deed file an application before the revenue authority for mutation on basis of the partition deed.
If the revenue authority refuses to entertain your application file a complain at the higher authority..
Regarding your query about your married Aunt I would like let you know that the law has changed by the amendment act of 2002 and now all legal heirs male or female are entitled for the share the property equally..
1) since your grand father died intestate in 1989 there are 4 legal heirs of the said land
2) your aunt has 1/4th share in said land .
3) partition deed can be made between the legal heirs . have it duly stamped and registered and have the property mutated in name of the 4 legal heirs .
1. All your sisters have equal share on the said property,
2. Arrange for a legal heir certificate and apply for the said passbook adding all the legal heirs name,
3. The Revenue Officer will not refuse now,
4. If you can get a relinquishment deed executed and registered in favour of your broithers by your sisters then only the brothers name will be recorded.
Sir, In follow up to the above question, I missed the point that "though my grandfather did not write the will", he made sure that pattadar passbooks are prepared in the names of his 3 sons for each 1.33 acre partition (nothing written in my aunt's name), and the same changes are there in revenue records before 1989 (i.e the year of my grandfather's death). But in registrar office records, the 4 acres land is solely on my grandfather's name since he did not execute any will. The problem came when my father tries to renew the old passbooks (which is on his name and his brother name) against the new electronic passbooks. Given the fact that land is partitioned by my grandfather among 3 sons through pattadar passbooks, but not through registered will or any other document, still my aunt can claim her share?
Asked 10 years ago
your grand father has died intestate ie without a will . as such your aunt will have a share . deed of partition has to be duly stamped and registered . in your case no such partition deed has been made by your grand father .
Since he died without writing a will all his heirs will have share, A share will go to your aunt also. You can't deny it.so you apply for legal heir certficate and then oriduce his death certificate and then apply for part adhaar in the name of his heirs
I completely agree with KK. Ganguly, Ajay Sethi and Mohandas. Everything is covered, nothing to comment.
A. Your Aunt has absolute right over the property due to property nature is ancestral and grandfather died intestate.
B. As per Pattadar passbook 3 members are visible on the basis of principles of surviving legal heirs. Therefore, you have to submit the death certificate of your grandfather and Family Tree before the Tahsildar for Mutation.
C. Additionally, you can enter partition deed by duly stamped and register before the sub registrar office. Later, you can tender this partition deed before the tahsildar for mutation. Subsequently, all the members will get a separate pattadar passbook with respect to their proportionate share.
1. Prioperty is not partitioned through Pattadar Passbook but through Will, Settlement Deed, Partition Deed etc.,
2. Your grandfather died intestate,
3. Hence all his legal heirs including his daughters are co-owners of his said property.
Adv K.K.Ganguly
High Court, Calcutta
.
Hello,
Since your grandfather died without writing a will all the siblings will be equal stakeholders in the entire property as it devolves equally on all.
Pattadhar passbook alone will not support the calim
Therefore all children have equal rights.
