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Neelu (None)     04 January 2010

Ancestral Agricultral Property in West UP, Daughter Rights?

Hi, I am a married woman of 45. We are 3 sisters and 2 brothers. My father died a natural death 4 years back and has not left any will. We have an ancestral property acquired by my great grand father, which is a large agricultural land in west UP on the road side of Delhi - Moradabad highway

What is the legal status of our rights (me and my 2 sister's rights) on this land? Can my 2 brothers alone dispose of this land to gain their money?

My mother is alive and she lives with my younger brother

They told us that we sisters would have got equal rights if the ancestral property would have been residential, but we have no rights in it as it is an agricultural land

One of my brothers is a doctor and the other is an engineer. Both earning good, none of them is going to do any agriculture on this land, they will simply sell it and book money to their account

What is the status of law on this specially in UP? I presume the benefit of agricultural land to be distributed only in brothers (if at all there is one such rule, which i very much doubt) should be given only if they are going to use it for agriculture, isn't it?

Pls enlighten me

Thanks in advance


 5 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     04 January 2010

There is no distinction of residential or agricultural land so far as rights of the coparceners is concerend, You all 3 sisters have also equal shares as of your both brothers and mother. Whole property left by your father shall be divided in 6 equal shares. You shall get the mutation entered in favour of all 6 legal heirs of your father with local Patwari (called Lekhpal in UP).

1 Like

Neelu (None)     04 January 2010

Thankyou so much for your response. Is the law different for different states on this? Because when I consulted one of the lawyers in Jaipur, he said, he wont know much about the status of law about Agricultural land in UP. In Rajasthan however, he said, there is no difference

Neelu (None)     04 January 2010

Addition to my question:

What is the legal stake of my Brother's children and our chlidren in this property? One of my brothers has a son (21) and the other has a son (20) and a daughter (17). We all 3 sisters also have children

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     05 January 2010

The children have no say in the partition of the aforesaid property as now.

1 Like

shrikant chede (law officer)     18 January 2010

well say Mr makkad

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