Is my deceased sister's burial site in danger of being removed due to land encroachment?

Ans: As a widow and mother of two girls, you and your daughters have certain rights in relation to the ancestral agricultural land and the house left by your husband. The specific rights and entitlements may vary depending on the laws and customs applicable in your jurisdiction, so it is important to consult with a legal professional who can provide guidance based on the specific laws of your area. However, I can provide you with some general information about the rights of widows and daughters in ancestral property in India:

Hindu Succession Act: The Hindu Succession Act, 1956, governs the succession and inheritance of property among Hindus, including agricultural land and houses. According to the Act, as a widow, you have a right to a share in your husband's property, including ancestral property. Your daughters also have an equal right to inherit their father's property.

Rights as a Widow: As a widow, you are entitled to a share in your husband's property, including the ancestral agricultural land and the house. Your share would depend on the specific circumstances, such as whether there are any other legal heirs and the number of daughters you have. The specific share can vary based on the local customs or personal laws applicable in your area.

Daughters' Rights: In 2005, the Hindu Succession Act was amended to give daughters the same rights as sons in ancestral property. This means that your daughters have an equal right to inherit the ancestral agricultural land and the house along with any other legal heirs. They are entitled to an equal share in the property.

Partition of Property: In case there are multiple legal heirs, including yourself and your daughters, you have the right to seek a partition of the property. Partition involves dividing the property among the co-owners, giving each person their rightful share. If an amicable partition cannot be reached, you may need to approach the appropriate legal authorities for assistance.

Ans: If the survey confirms that your neighbor has encroached on your land, here are the steps you can take:

Gather all documents: Ensure you have your sale deed, Patta, survey report, and any other legal documents to prove ownership.

Legal Notice: Send a legal notice to your neighbor, along with evidence of the encroachment, demanding removal of the boundary wall.

Talk to Local Authorities: Approach the local Tahsildar or revenue authorities with your documents and survey report. They can assist in resolving boundary disputes.

File a Police Complaint: If the neighbor refuses to cooperate, file a police complaint for trespassing and illegal encroachment.

Civil Suit: As a last resort, file a civil suit in the court to reclaim your encroached land.

Consult a lawyer specializing in property disputes to guide you through the process.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in

Ans: Hello;

You may seek advice from a lawyer on this matter.

Best wishes;