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Anuj Aggarwal   27 February 2023

Is daughter right in father ancestral property in uttarakhand agriculture land

sir I want to ask u that my mother father expired in 1995 and she is 5 sister and 1 brother and my mother father left AGRICULTURE LAND IN UTTARAKHAND. In this my mother has the right in his property or not.


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 4 Replies

Real Soul.... (LEGAL)     28 February 2023

She has the share in her fathers property.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     28 February 2023

Yes. daughters have rights in fathers property. The Hindu Succession Act 1956 was amended in 2005, allowing daughters an equal share in ancestral property.

Anuj Aggarwal   02 March 2023

BUT SOME ADVOCATE R SAYING THAT IN UTTARAKHAND THERE IS NO DAUGHTER RIGHT IN AGRICULTURE LAND IS IT TRUE OR FALSE

Sudhir Kumar, Advocate (Advocate)     03 March 2023

IUP ZAMINDARI ABOLITION ACT PROVIDES :-

 

[171. General order of succession. - (1) Subject to the provisions of Section 169, when a bhumidhar or asami, being a male dies, his interest in his holding shall devolve upon his heirs being the relatives specified in sub-section (2) in accordance with the following principles, namely :-

(i) the heirs specified in any one clause of sub-section (2) shall take simultaneously in equal shares;

(ii) the "heirs specified in any preceding clause of sub-section (2) shall take to the exclusion of all heirs specified in succeeding clauses, that is to say, those in clause (a) shall be preferred to those in clause (b), those in clause (b) shall be preferred to those in clause (c), and so on, in succession;

(iii) if there are more widows than one, of the bhumidhar or asami, or of any predeceased male lineal descendant, who would have been an heir, if alive, all such widows together shall take one share.

(iv) the widow or widowed mother or the father's widowed mother or the widow of any predeceased male lineal descendant who would have been an heir, if alive, shall inherit only if she has not remarried.]

[(2) the following relatives of the male bhumidhar or asami are heirs subject to the provisions of sub-section (1), namely :-

(a) [widow, unmarried daughter] and the male lineal descendant per stirps:

Provided that the widow and the son of a predeceased son how low-so-ever per stirps shall inherit the share which would have devolved upon the predeceased son had he been alive;

(b) mother and father;

(c) [***];

(d) married daughter;

(e) brother and unmarried sister being respectively the son and the daughter of the same father as the deceased; and son of a predeceased brother, the predeceased brother having been the son of the same father as the deceased;

(f) son's daughter;

(g) father's mother and father's father;

(h) daughter's son;

(i) married sister;

(j) half sister, being the daughter of the same father as the deceased;

(k) sister's son;

(l) half sister's son, the sister having been the daughter of the same father as the deceased;

(m) brother's son's son;

(n) mother's mother's son;

(o) father's father's son's son.]

 

[Uttarakhand] Amendment

4. Amendment of Section 171. - In Section 171 of the Principal Act, for sub-section (2), the following sub-section shall be substituted, namely :-

"(2) the following relatives of the male bhumidhar or asami are heirs subject to the provisions of sub-section (1), namely :-

(a) widow and the male lineal descendant per stirps :

Provided that the widow and the son of a predeceased son how low-so-ever per stirps shall inherit the share which would have devolved upon the predeceased son had he been alive;

(b) mother and father;

(c) unmarried daughter;

(d) married daughter;

(e) brother and unmarried sister being respectively the son and the daughter of the same father as the deceased; and son of a predeceased brother, the predeceased brother having been the son of the same father as the deceased;

(f) son's daughter;

(g) father's mother and lather's father;

(h) daughter's son;

(i) married sister;

(j) half sister, having been the daughter of the same father as the deceased;

(k) sister's son;

(l) half sister's son, the half sister having been the daughter of the same father as the deceased;

(m) brother's son's son;

(n) mother's mother's son;

(o) father's father's son's son."

 


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