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Manju (student)     29 November 2014

Agricultural land dispute

My father expired in year 2012. He owned many agricultural lands ancestral as well as self acquired , houses and immovable property in his name. He had two wifes - First wife My mother married to my father by hindu rituals and customs in 1980 and from her he has three daughters - first daughter was married in presence of my father in yr 2003 by hindu rituals with heavy dowry. On his death left two unmarried daughters both studying at college.

Second wife- Date of marriage unknown and came to my mothers knowledge in 2000. from second wife he has two sons of age 20 and 18 ; and a daughter 12. 

After my father deceased second wife by illegal means got her name  , her two sons name and my mother name in all the agricultural lands. thus, getting 3/4 share in her and her sons name and leaving 1/4 share in name of my mother. As said by the lekhpal , tehsiladar it is right and according to law as UP Zamindari aboliton act and LR act prevails in UP. And thereby unmarried daughters from first wife have no rightful share on deceased agricultural property.

we  (I and my younger sister) filed a petition to include are names also according to Hindu succession Amendment Act 2005 but all the authorities in tehsil and lawyers are in favour of the above decision. 

which will apply in my case UP Z A Act or HSAA 2005?

Does second wife is entitled for share in my fathers property? If yes then by which law as her marriage is illegal n void..n as she knew my father was married to my mother.

Does my step brothers and sister entitled to get share in ancestral property?

please refer me some recent cases in which HSAA 2005 supersedes UP Z a act.

knowledgeable lawyer in Allahabad?

Plz help.



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 2 Replies

Manju (student)     29 November 2014

My father expired in year 2012. He owned many agricultural lands ancestral as well as self acquired , houses and immovable property in his name. He had two wifes - First wife My mother married to my father by hindu rituals and customs in 1980 and from her he has three daughters - first daughter was married in presence of my father in yr 2003 by hindu rituals with heavy dowry. On his death left two unmarried daughters both studying at college.

Second wife- Date of marriage unknown and came to my mothers knowledge in 2000. from second wife he has two sons of age 20 and 18 ; and a daughter 12. 

After my father deceased second wife by illegal means got her name  , her two sons name and my mother name in all the agricultural lands. thus, getting 3/4 share in her and her sons name and leaving 1/4 share in name of my mother. As said by the lekhpal , tehsiladar it is right and according to law as UP Zamindari aboliton act and LR act prevails in UP. And thereby unmarried daughters from first wife have no rightful share on deceased agricultural property.

 

we  (I and my younger sister) filed a petition to include our names also according to Hindu succession Amendment Act 2005 but all the authorities in tehsil and lawyers are in favour of the above decision. 

 

which will apply in my case UP Z A Act or HSAA 2005?

 

Does second wife is entitled for share in my fathers property? If yes then by which law as her marriage is illegal n void..n as she knew my father was married to my mother.

 

Does my step brothers and sister entitled to get share in ancestral property?

 

please refer me some recent cases in which HSAA 2005 supersedes UP Z a act.

knowledgeable lawyer in Allahabad?

Plz help.

T. Kalaiselvan, Advocate (Advocate)     02 December 2014

Though the Hindu Succession Act 2005 amended act supersedes all other such amended laws of the states in the country, some places the state laws prevail over central amendments, for example, the UPZA act remain in tact atleast for the agricultural property is concerned.  However, being the second marriage is null and void during the existence of first marriage and the first wife is alive, the second wife will not be termed as wife to succeed the intestate properties of the deceased husband and her children will not entitled to a share in the ancestral properties of the deceased.  The unmarried daughters are entitled to a share in the ancestral properties be it an agricultural property too, but should be ancestral in nature, even the married daughters are entitled to a share if they were married after 2005 or the properties were not partitioned at the time of their marriage or before 2005 amendment.


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