Umarried brother agricultural property division in u.p

Ram Singh (Querist) 29 January 2020 This query is : Resolved
We are 5 brother have ancestral agricultural land in U.P , Out of 5 brother 3 brother were elder to me and 1 is younger to me ,In 3 elder brothers ,2 where unmarried and one of my elder who was married died in1995 and had one son after him.
My query is that my 1st elder unmarried brother died few months back and now as per uttar pradesh zamindari abolition act who will have the succession rights over his agricultural land. Is there any provision that my 2nd elder brother who was married has a son will have succession rights over his agricultural land

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When an unmarried brother dies intestate, his agricultural land in Uttar Pradesh is divided according to the Hindu Succession Act, not the Zamindari Abolition Act. His property will be shared equally among his surviving siblings. If a deceased brother had children, they also have a claim to his inherited share.

Raj Kumar Makkad (Expert) 30 January 2020
Succession rights are not governed under Zamindari Oonmulan Kanoon rather Hindu Succession Act is the application in your query.

As the elder brother of you died intestate so his succession shall go equally to his brothers means to all 4 others. The share inherited to one of your deceased brother shall go in favour of his successors including your niece.

Advocate Suneel Moudgil (Expert) 30 January 2020
sufficiently advised by the Shri raj kumar makkad

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