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My father and his sister inherited land in Alibag after my grandfather’s death in 1962. They signed a registered land division agreement, where my aunt took only 1/7th share. She never claimed or registered her name on the 7/12 extract. After her death, her heirs are now claiming 50% due to government acquisition. Is the earlier waiver binding under Section 8 of the Hindu Succession Act, 1956? If the government ignores our agreement and gives them 50% compensation, what legal remedy do we have?
If your aunt legally waived her rights and the agreement was registered, her heirs cannot claim 50% now. The waiver binds them under Section 8 of the Hindu Succession Act. If the government still pays them, you can file a civil suit and challenge the compensation distribution based on the original agreement. For further legal assistance contact us on our helpline number.