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shalini (general)     28 August 2014

Married daughter rights in father ancestral agri. property

Sir, 

    I am from dehradun ( uttarakhand) . My father was died recently in may 2014 . He has an ancestral property , which was comes to him after filing a partion suit against his elder brother . Thus he got this property . My father has FARHAT on his name . After this my father gives this land on BATAI to a third person for agriculture  and presently still it was going on by the permission of my brothers and mother. And recently my father was died in may 2014 . We are 5 childrens in our family I.e. 3 sisters and 2 brothers .(total six family members including my mom ) . My both two brothers are married , and my two sisters unmarried and I am married 6 yrs ago in march 2008 (no dowry or expensive gifts taken from my own family yet ) . My father died without leaving any will . And now my both two brothers are against in giving equal share amongst all brothers and sisters ( married and unmarried ) . 

 This land is recently comes into nagar nigam and parshad is also elected from this area but nagar nigam does not have any record ( assessment ) yet only there is a notification that this area is now comes under nagar nigam . Many local lawyers told us thats this land because it is not assessed by nagar nigam yet and thus will be considered as agricultural land and thus there is no rights under state ammendment for married daughter as UP ZAMINDARI ACT follows up here in dehradun uttarakhand . 

  Pls advice :-

1. Does i have legal rights to put my name in virasat

2. Can i claim equal share in fathers ancestral property

3. How can i get equal share in my father ancestral property

4. Does in my case hindu succesion law 2005 ( ammendment ) can ride over UP zamindari act ?

5. What are the my legal options to get my equal share ?

   Thanks in advance sir !

 

 

 

 



Learning

 13 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     28 August 2014

Definitely if this property is Ancestral Hindu Family Property, you being daughter also one of the Coparcener as any son of the family can claim same share in the property as the any son. The 2005 amendment in the Hindu Succession Act, 1956 has giving equal right to daughters as the sons to claim share in the Ancestral Hindu Family property. The essential issue to decide whether the said property is Ancestral in nature or not is very important & for that any property which has passed from three generation up to the present one who being the fourth generation to enjoy & claim a right over such property. In other words it has to be seen that the said property you claim as ancestral property should be acquired by your great grand father & passed it to your grand father, then to your father & now to your generation. If this being the situation in your case, you being one of the Coparcener can seek share in the property by division of the property in question.

1 Like

Kumar Doab (FIN)     28 August 2014

The property has been partitioned by court and thus its status has changed to Self Acquired. Your father has left no WILL. Your father dies in 2014 and hence succession has opened in 2014 i.e. after amendment to Hindu Succession Act in 2005.

You are right that  you have equal share in property.

If anyone is trying to sell obtain injunction from court and also get it partitioned by court.

Change your lawyer and approach another lawyer well versed with such/revenue/civil matters.

1 Like

shalini (general)     28 August 2014

But here the two laws HSA 2005 as amended and Uttranchal Zamindari and land reforms are contradictory. 

The agricultural land mutation is done by Tehsildars under the SDM and they follow the system as per Zamindari and Land Reforms Act only.

And according to UPZA AND LR ACT married daughter have no right in father property .

Pls help ! thanks in advance

 

 

Kumar Doab (FIN)     28 August 2014

It is with limited understanding on the matter:


If there is conflict between Central Act and State Act the former shall prevail.

Obtain second opinion from a competent and experienced senior lawyer well versed with local laws. 

shalini (general)     29 August 2014

But sir ,

Today local lawyers told me that UTTACHANCHAL ZAMINDARI ACT GOT AMMENDED IN YR 2007 AND IF YObrothers brothers are alive then if the said property is being agricultural or non agricultural then the first right goes to my mom and brothers and if the both are dead then  acc to this law property goes to my unmarried sisters and if they also died then to me .

And lawyers said you cannot claim this property until my mom and my brothers are alive acc . To Uttaranchal zamindari and land reforms ammended ( 2007 ) act .

Now kindly give your precious view that should I am applicable for hindu succession act 2005 or does the state law supercedes the central law of succession as this land is agricultural ?

And lawyers saying there is no right of you over the said above agricultural property as here state law .

Kindly give your view what should and how can i get my share ?

T. Kalaiselvan, Advocate (Advocate)     31 August 2014

As per HSA you are entitled to a share in your father's share out of his ancestral property as well as you are entitled to a share in the property that was  originally inherited by your father as his share in the ancestral property.  Your brothers cannot deny allotting a share or property , they cannot legally do so, you can issue a legal notice and subsequently file a partition suit claiming your legitimate share in the property.  The Uttranchal Zamindari Abolition amendment act 2007 or anything has got nothing to do with this.  You can proceed with the partition by engaging a lawyer conversant with the property and civil matters

Kumar Doab (FIN)     31 August 2014

 

 

1.      I have posted earlier also that this is with limited understanding on the matter and that you must seek opinion from a seasoned and senior lawyer well versed with state laws and remedies that might be possible for you. The expert lawyer/law firm well versed with local laws may have a strategy to help you and get you a remedy.

 

 

 

 

 

 

2.     For the purpose of inheritance, property can be broadly divided in two categories, (i) agricultural property, and (ii) non-agricultural property. 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.

 

3.    IN view of the legislative competence of the Union and the state and in view of section 4(2) of the Hindu Succession Act, succession to agricultural property is governed by the Zamindari Abolition Act, rather by the Hindu Succession Act. This has also been held in Prema Devi vs. Joint Director of Consolidtion :AIR 1970 Alld 238.

 

 

 

4.    At the same time, there are few observations in some decisions Bishwanath Pandey vs. Badami Kaur, AIR 1980 SC 1329 = 1980(2) SCC 349 and Sellammal and others vs. Nellammal (dead) by L.Rs, AIR 1977 SC 1265=1977 (3) SCC 145 that Hindu Succession Act will override Zamindari Abolition Act and also that exclusive right to male succession may be suspended till female dependants acquire another mode of livelihood (Madhu Kishwar vs. State of Bihar, (1996) 5 SCC 125; 1996 (4) JT 379).

 

 

5.     Will daughters inherit equally with sons…………………….especially after the amendment to HSA…………………..? This is to be seen. You shall need the support of a Lawyer/law firm well versed with local laws, precedence’s……………………………..and the chances if the land use has been changed.

 

6.     You seem to have acquired good insight into your matter at your hands that is evident from your comments that the ancestral land is agricultural………………………………and this  agricultural ancestral land is now within the limits of Nagar Nigam (Municipal Corporation).

However has the land use been changed BY THE MC OR OWNERS OF THE LAND?

 

The notification that you have mentioned is sufficient to claim that it is covered within limits of MC. Moreover if required another certificate from Naib Tehsildar in o/o Municipal Corporation can be obtained against a  nominal fee………………………………….In old/customary language it is called “Hadoodi’ certificate. You can find out what is it being called at your location.

 

 

(i)   Till the agricultural land is not declared non agricultural land under section 143 of UPZA AND LR ACT, it remains the agricultural land and in such case it is governed by the provisions of Section 171 of UPZA AND LR ACT.

(ii)  Amendment to Zamindari Abolition, Land Reforms Act approved 
Tribune News Service

Dehradun, March 12
The Uttarakhand Cabinet today approved amendment to the Uttarakhand Zamindari Abolition and Land Reforms Act, allowing conversion of land bought for the sole purpose of agriculture, economic, educational, tourism and housing activities to be used for other activities by paying one-time fee.

Beside, builders would be allowed to buy land for the construction of houses according to the housing policy of the state.

Bringing further relaxation and simplifying the purchase of land in Uttarakhand, the permission of sale and purchase of land would now be granted at the level of government. A committee would be set up headed by Commissioner, Infrastructure, to study such proposals and give its recommendations in three months' time. In his absence the Principal Secretary nominated by the Chief Secretary would be entrusted with the task.

https://www.tribuneindia.com/2013/20130313/dun.htm#1}}}

 

 

7.     UPZA AND LR ACT amendment 2007 is attached. Married daughter is not mentioned in it.

 

After the amendment to HSA whether UPZA AND LR ACT :::::ultra vires ?????

 

 

 

 

Valuable advice of learned experts/members is sought.

 

 

 

 

 

 

I shall try if I can find something to help you.

 

Attached File : 378565649 zamindari abolition and land reforms.pdf downloaded: 241 times

shalini (general)     02 September 2014

Thanks very much sir ,

I got the land use of my father property from mdda here and it is R3 now but in tehsil revenue records its still going as agricultural . Does it can help me ? 

 

Pls advice !

Bhawinder (MANAGER ACCOUNTS)     03 September 2014

I have the same issue, and the agricultural land falls in Ward 47 of Dehradun Nagar Nigam.

Which ward is your agricultural land falling in ?

Pls advice

Kumar Doab (FIN)     23 September 2014

Some of the publications that were persued are attached.

 

>>>>GENDER JUSTICE –  A LEGAL PANORAMA

(Talk delivered by Justice Yatindra Singh in the colloquium on ‘Gender and Law’ organised by the National Judicial Academy, British Council and Allahabad High Court at JTRI Lucknow on 14th October 2001)[1]

 


 

 

 For the purpose of inheritance, property can be broadly divided in two categories, (i) agricultural property, and (ii) non-agricultural property. 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.[1] Will daughters inherit equally with sons? We have to wait and see.


33 [1] There are few observations in some decisions Bishwanath Pandey vs. Badami Kaur, AIR 1980 SC 1329 = 1980(2) SCC 349 and Sellammal and others vs. Nellammal (dead) by L.Rs, AIR 1977 SC 1265=1977 (3) SCC 145 that Hindu Succession Act will override Zamindari Abolition Act and also that exclusive right to male succession may be suspended till female dependants acquire another mode of livelihood (Madhu Kishwar vs. State of Bihar, (1996) 5 SCC 125; 1996 (4) JT 379).  But to my mind in view of the legislative competence of the Union and the state and in view of section 4(2) of the Hindu Succession Act, succession to agricultural property is governed by the Zamindari Abolition Act, rather by the Hindu Succession Act. This is also so held in Prema Devi vs. Joint Director of Consolidtion :AIR 1970 Alld 238.

 

 

>>>> Delhi High Court

Master Anant Narayan Rai & Anr. vs Mr. Siddharth Rai & Anr. on 25 March, 2010

 

22. Learned Senior counsel further argued that the principals of customary Hindu Law are applicable to bhumidari rights. UP Zamindari Abolition and Land reforms Act does not touch or affect the law of joint family, hence Hindu Law continues to operate in this matter. She relied upon several case laws to contend that Hindu Succession Act applies to succession vis-à-vis agricultural land also. It was held in Tukaram Genba Jadhav & Ors. Vs. Laxman Genba Jadhav & Anr., AIR 1994 Bom 247 that Hindu Succession Act, 1956 Sections 4 (2) & 8 are applicable to agricultural lands also.

C.S.(OS) NO.1737/2007 Page 9 of 18

 

>>>> HIGH COURT OF DELHI AT NEW DELHI

SUBJECT : DELHI LAND REFORMS ACT, 1954

Date of decision: 9th August , 2012

LPA No. 92/2005

CHAND RAM & ANR ....Appellants

Through: Mr. Sandeep Sethi, Sr. Adv. with Mr. P.S. Bindra, Adv.

Versus

FINANCIAL COMMISSIONER & ORS. ..... Respondents

 

13. It is further argued that Section 4(2) of

the Succession Act as it earlier existed did not exclude the applicability of

Succession Act to agricultural holdings because Section 4(2) was intended to

prevent fragmentation of holdings and Section 14 of the Succession Act by

converting the limited right of a female into a absolute right was not

resulting in fragmentation of holdings.

https://delhicourts.nic.in/Aug12/Chand%20Ram%20Vs.%20Financial%20Commissioner0.pdf

 

 

>>> NIRMALA & OTHERS … Petitioners

versus
GOVERNMENT OF NCT OF DELHI & OTHERS … Respondents

 

we hold that the provisions of the HSA would, after the amendment of 2005, have over-riding effect over the provisions of Section 50 of the DLR Act and the latter provisions would have to yield to the provisions of the HSA, in case of any inconsistency. The rule of succession provided in the HSA would apply as opposed to the rule prescribed under the DLR Act. The petitioners are, therefore, entitled to succeed to the disputed agricultural land in terms of the HSA. 

 

 

https://delhidistrictcourts.nic.in/June10/NIRMALA%20vs.%20governement%20of%20nct%20of%20delhi.pdf

 


Attached File : 127181620 married daughters share in fathers ancestral agricultural land.docx, 127181620 gender justice - a legal panorama (2).odt downloaded: 122 times

Sita Vallabhav (service)     19 October 2014

Great gesture by expert Kumar Doab Ji

All the very best sir

Kumar Doab (FIN)     02 August 2017

You are welcome.

Rish kukreti   15 January 2021

Shalini ji I am Rashmi kukreti from ward no 98 balawala same my case but I am divorce daughter as unmarried. Pls u can contact me email rishuniyal12345@gmail.com u can help me and suggest lawyer n advise can I tk my father ancestor agriculture land .pls shalini ji asap contact me

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