Regarding the share of sisters

Neha (Querist) 14 June 2016 This query is : Resolved
my grandfather died 2 years ago so the agricultural land was registerd on the name of both the brothers my father sold half of his land now his sisters are claiming foe=r their share but my father had some debt so he paid the debt with the money what he got after selling the land now he has no money and he also wants to sell the left half part of his land now what should he do?

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Kumar Doab (Expert) 14 June 2016

Post full facts.

What is personal faith of deceased grandfather e.g Hindu?

The agricultural land is in which state?

The land is self acquired/self earned or HUF or ancestral?

Did grandfather leave any WILL?

Was the property ever partitioned by a valid deed?

On the basis of what document and how the father (son of grandfather) succeeded in getting the land registered in the his and his brother's name?

Generically speaking if Grandfather was Hindu and property was self acquired/earned, daughters have equal share.

The personal problems of father has nothing to do with it.

Daughters can proceed to sue and recover.

Both brothers have to give due share to sisters.

Rajendra K Goyal (Expert) 14 June 2016
Sisters of your father has share in the property left by their father. They can ask for partition through court if no amicable settlement arrived at.

Neha (Querist) 14 June 2016
he is a hindu,the property is in uttar pradesh the property is ancestral and father did not leave any will the property was registered in tahsil with the help of death certificate of the father

Kumar Doab (Expert) 14 June 2016
Probably you have already consulted before posting this query.

Agriculture is a State subject and agricultural property is dealt by Provincial Acts. In State of UP, it is governed by UP Zamindari Abolition and Land Reforms Act (Zamindari Abolition Act). Under the Zamindari Abolition Act, a daughter does not inherit equally with the son though the widowed mother and the widow of pre-deceased son does.

The query has been discussed in many threads at LCI e.g;

http://www.lawyersclubindia.com/forum/Married-daughter-rights-in-father-ancestral-agri-property-108106.asp

http://www.lawyersclubindia.com/search_results_custom.asp?dir=forum&q=share+of+married+daughters+in+agriculture+land+in+UP&B1=GO

You may consult a very able and senior counsel with copies of all docs on record and go for considered opinion. Your able counsel after examination of all docs and inputs can advise you the best.

Ms.Usha Kapoor (Expert) 16 June 2018
I agree with experts.

Guest (Expert) 16 June 2018
Wonder, if it took two long years for Ms. Usha Kapoor to agree with experts after resolving of the query!

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