Married daughter right in father agri. ancestral property
shalini
(Querist) 28 August 2014
This query is : Resolved
Sir,
I am from dehradun ( uttarakhand) . My father was died recently in may 2014 . He has an ancestral property , which was comes to him after filing a partion suit against his elder brother . Thus he got this property . My father has FARHAT on his name . After this my father gives this land on BATAI to a third person for agriculture and presently still it was going on by the permission of my brothers and mother. And recently my father was died in may 2014 . We are 5 childrens in our family I.e. 3 sisters and 2 brothers .(total six family members including my mom ) . My both two brothers are married , and my two sisters unmarried and I am married 6 yrs ago in march 2008 (no dowry or expensive gifts taken from my own family yet ) . My father died without leaving any will . And now my both two brothers are against in giving equal share amongst all brothers and sisters ( married and unmarried ) . This land is recently comes into nagar nigam and parshad is also elected from this area but nagar nigam does not have any record ( assessment ) yet only there is a notification that this area is now comes under nagar nigam . Many local lawyers told us thats this land because it is not assessed by nagar nigam yet and thus will be considered as agricultural land and thus there is no rights under state ammendment for married daughter as UP ZAMINDARI ACT follows up here in dehradun uttarakhand . Pls advice :-
1. Does i have legal rights to put my name in virasat ?
2. Can i claim equal share in fathers ancestral property?
3. How can i get equal share in my father ancestral property?
4. Does in my case hindu succesion law 2005 ( ammendment ) can ride over UP zamindari act ?
5. What are the my legal options to get my equal share?
Thanks in advance sir !
shalini
(Querist) 28 August 2014
Also here he two laws HSA 2005 as amended and Uttranchal Zamindari and land reforms are contradictory.
The agricultural land mutation is done by Tehsildars under the SDM and they follow the system as per Zamindari and Land Reforms Act only . And according to UTTRANCHAL ZAMINDARI AND LAND REFORMS ACT IT IS MENTIONED THAT MARRIED daughters have no right in father agri. Land .
Pls give your view ! Thanks!
Deepak Nair
(Expert) 28 August 2014
UP Zamindari act is not applicable for succession. You are governed by Hindu succession law. You have equal right on all properties of your father. You can file a suit for partition or enter into asas a settlement deed with your siblings.
