(Agriculture Land dispute)

Querist : Anonymous (Querist) 12 November 2009 This query is : Resolved
(Agriculture Land dispute)
My grandfather(nanaji) get expired in Jun 2006 and my gradmother(naniji) has also expired .My nanaji has 2 son and 1 daughter.I am the son of daughter. So First I want to know can I(grandson from maternal side) claim my mother's share on my nanaji's Agriculture Land as my mother has expired?Currently my nanaji's 2 son has transfered his land in their name 8 months back i.e, after my mother death. The agriculture land was not transfered to anyone for 1 year after my nanaji's and naniji's death but after my mother death, my mamaji make it transfered to them only(as Class 1 heirs as per UP Zamidari Unmoolan ACT in which daughter doesn't have right on agriculture land ) even they didn't ask us so that we can't ask our share.

I get to know that as per HSAA -2005(Hindu Succession Amendment Act-2005)...... -----First it overrides all state laws. Am I right?As in uttranchal, they follow UP Zamidari Unmoolan ACT
As per HSAA-2005, Daughter/Married daughter will also get equal share as son on agriculture land. ----But is it mentioned anywhere that only who married after 05 Sep'09(i.e,after this ammendment act) will get same share as my case is of daughter's son(mother is not alive).I heard that if it was not clear earliar then now it has been amended but I don't know where.......

On which ground I can file civil suite and take stay on current order?
In my opinion......Point1) is valid but give me support for my Point 2)
Point1)As per HSAA -2005(Hindu Succession Amendment Act-2005)...... it overrides all state laws.
Daughter/Married daughter will also get equal share as son on agriculture land.Grandson on maternal side also come in Class 1 heir if mother is not alive.

Ponit2)Which document/act tells that date of marriage/date of birth doesn't make any sense now? Which high court/supreme court rulings we can show in court?If other lawyer raise this concern. Is there any other docs which we can also show?Pls advs that also if any.I mean any daughter whnever she married before or after this ACT will get share and/or all daughters who born before 5 Sep'2005(HSAA-2005) will get share in agriculture land if property is not partitioned till this HSAA-2005 ACT.

Your kind help is immed.requested
Thanks

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Raj Kumar Makkad (Expert) 12 November 2009
Mr! Hindu succession Amendment Act, 2005 supersedes all state amendments or state acts made in this respect and from 2005, the daughter is equally entitled for the grant of share out of her parents property in inheritance. In your case, no where it is found mentioned that the daughter born after such an such date can get such benefit. You are fully entitled to inherit 1/3 share of your Nanaji/nani ji's property and can file civil suit seeking the transfer made by your mamji as null and void and further partition of the property.

adv. rajeev ( rajoo ) (Expert) 13 November 2009
Certainly ur mother had equl hare in your grnad father's property and so on you are entittle to claim the sharein the share what your mother had.
HSA is restrospective effect.