Question
We are a Hindu family: mother, father, and two sisters. My parents are two brothers, and my father is the elder brother. My uncle has two sons. Our grandfather owned all the land in the name of his two sons. That is, there are two owners of each land. The problem is that my father is very old, but despite being told a thousand times, he still did not separate his share of land. We live in Dhaka, but they live in the country house, so they take care of all the land and take the money from the crops. When I asked my father about these, he avoided the conversation and walked away, without giving a straight answer whether he really wanted us to get the lands!
- Who will get the lands according to Hindu law after the death of the father? Are we uncle’s sons?
- If we want to do it in our own name, can we take the help of a lawyer? The original documents of the mentioned land are kept in our house.
- We both sisters are single. If the father does not write, will we get the land directly, or if we ever have sons, can they inherit it?
Answer
- Who gets the land after your father’s death? According to Hindu law, after your father’s death, his share of the land will pass to his legal heirs. This includes his wife, children (you and your sister), and if he is survived by his parents, they may also have a claim. In the absence of a will, the property is inherited by his children (you and your sister), not by your uncle’s sons. The land will be divided among your father’s legal heirs according to the principle of coparcenary (joint ownership) if the property is ancestral or as per your father’s wishes if it is his self-acquired property.
- Can you claim the land in your own name with legal help? Yes, you can take legal action to claim the land in your own name. If your father is not dividing the land, and you want to assert your claim, you should consult a lawyer. A lawyer can help you file a suit for partition of the property, ensuring that your legal rights are respected. Since the original documents are in your possession, they can be used as evidence in court.
- Will you, as daughters, inherit the land directly, or will your sons inherit it? Under Hindu inheritance law, if your father dies without a will, you and your sister will be entitled to inherit your father’s property. Since you are both single, you will inherit directly from your father. In the case that you have sons in the future, they will inherit the property after you, but only after your death. This means your sons will inherit the property from you as heirs once you pass away, but you, as daughters, have direct inheritance rights from your father.