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Agricultural land hereditary for daughters in Rajasthan


03-Jun-2023 (In Family Law)
The Land in question is in Keshorai Patan Distt. Bundi Rajasthan. Mr. Amichand ji purchased a land long back. He had 2 children Mr. Charan Singh and Ms Harbans Kaur. Mr. Charan Singh became the owner of the land after Mr. Amichand. Mr Charan Singh was alive till 1984. He also has 2 children Mr. Anil Kumar and Ms Gargi Bhutiyani. After Mr. Charan Singh the land was divided into 3 parts 1 for Anil Kumar, 1 For his wife Sita Devi and 1 for his daughter Gargi. Mr. Anil Kumar was alive till 2015. So after Mr. Anil Kumar his part of land is transferred to his wife Ms. Usha Mahajan. Now Ms. Harbans Kaur wants her share in the land and she is harassing the current land holders and not allowing them to take any profit out of the land. She has a powerful grand son who is a convicted felon. We need advice on this matter. Should we go to court and fight or should we settle with whatever they are offering. We are mentioned as cast Mahajan in all property papers.
Answers (1)

Answer #1
921 votes
Hello sir. I have perused your query. As per the the Supreme Court, the 2005 amendment in Hindu law gives no property rights to a daughter if the father died before the amendment came into force. The act does not have any restrospective application. Accordingly, Ms. Kaur is not entitled to any share in the property. Please feel free to reach out to me in case you wish to discuss the matter in more detail.

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