Clarification with guidance regarding transfer of inheritance rights in daughters' property

- People Oriented Guidance: - H.S. Patel IAS (Retd.)

The Gujarat High Court last week abolished the daughter's right to the father's ancestral property in the Shihor case of Bhavnagar district on the basis of an affidavit. The Gujarat High Court has quashed the note of title deed above ten years old. As the details of the case are reported on the basis of the report published in the dailies, many readers are asked to present the legal provisions in this regard to the public, for the information of the public. First of all, it is necessary to know the rights of daughters under the Indian Succession Act as well as the provisions of the Land Revenue Act's Record of Rights and the provisions of the circular issued by the Revenue Department for family distribution.

Under the provisions of the Indian Succession Act-12 and the Hindu Succession Act-13, after the death of any Hindu citizen, his movable, immovable and monetary cash is according to the direct line, horizontal line or pedigree of the deceased. Heirship) is entitled to the legal heirs in proportion (Co Parcener). Our Hindu society is a Patriarch Society and so till 18 in the father or ancestral property only male members and also the names of the eldest son (karta) were running as administrator (Hindu Undivided Family - HUF) and according to its custom and usage. With the amendment of the Inheritance Act of 19, the daughter has been given the same right as the legal heir in the property acquired by the father or elders. Now the real situation is that after marrying the daughter and going to the father-in-law, she is married off from the peer to the father and becomes a part of the other family and is considered as a partner in the property of her husband as per the Inheritance Act.

Legally speaking, if the father dies in the father's property according to the principle of equal rights to the daughter, then the legal heirs have a share in the property according to the rules of Copercener Property btk Devolution of Rights. In practical terms, as per the rules applicable in Gujarat, inheritance is done at the time of death of the property owner and the record of inheritance is recorded in the record of rights of the property / land and it is also legal to enter the name of the daughter in the pedigree. There is a rule based provision. Earlier, on the occasion of inheritance, the name of the sister / daughter should be mentioned in the pedigree but the name was not entered in the inheritance note and in the 8/12 K property register, taking the statement that he gladly relinquishes his right. It is now mandatory to enter the names of all legal heirs in case of death of the father of the sister / daughter.

Now, in the context of the Gujarat High Court judgment in Shihor, Bhavnagar, in view of the facts of the case, the name of the daughter has been removed from the father's property on the basis of affidavit which has been deleted at that time (Relinquish) i.e. as legal heir according to the pedigree and in the title deed. As per the provisions of the Land Revenue Act in the case, the mutation in the rules of the deed does not follow the provision of giving 12-D notice to the interested parties i.e. Mamlatdar, Deputy Collector, Collector on the issue of direct deletion of name directly on affidavit. , Note of reduction of rights by the Secretary Appellate Revenue on the basis of an affidavit which is valid at the appellate stage. But the crux of the matter is that the affidavit is a declaration of relinquishment of the father's property. But first bring the heir to the record, then after registering the claim on the basis of affidavit and consent, give 12-D notice, if the record of claim is certified, then the process is said to be followed, so the public needs to pay special attention to this clarification. Pursuant to Circular No. - HQP - 102015 - 2016-17 of Revenue Department dated 18-9-2017, to remove the right from the ancestral, self-acquired property in the agricultural lands, to distribute, redistribute and to establish the right to life in which there is a right to register the right. Provision has been made to release the rights in the form (Farek). In this process also, after noting the title deed accordingly, notice of 12-D e.g. If the daughter has taken the right, she also has to give notice.

Thus, the observation of the High Court in the judgment of Shihor Bhavnagar is that no 12-D notice has been given as per the provisions of the title deed of the Land Revenue Act. So that the note of the title deed has been canceled and the right of the daughter has been established in it. Any affidavit which has been made at that time without following the procedure of direct rights law is therefore revoked. Knowing this clarity is important for the knowledge of the Revenue Officers as a Certified Officer. Extinguish cannot be abolished unless the daughters / women are given the right as legal heirs in the Inheritance Act-13 and the procedure of that law is followed. The Hindu Heritage Act has been amended in 2006 and accordingly the rights of daughters have been recognized with retrospective effect i.e. daughters get the same right as co-parcener from birth in ancestral property and get equal share as son. Due to this retrospective law, daughters born before 2002 also get this right. But if such property has been distributed before December 30, 2009, then Partition-Reopen cannot be done. At the heart of the law's provisions is that daughters are entitled to an equal share of the father's property. Except if the right is revoked / released by consent following the procedure of law - it can be done by following the circular dated 17-9-2018 of the revenue department and following the rules of the charter.