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.
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.
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.