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Mrs . Shanta Rani (Housewife)     29 August 2011

Rights of a married woman in land in uttrakhand

My maternal Uncle died intestate. He was unmarried and left behind a plot of land in Uttarakhand so owned by him . He was survived by his 2 brothers and a sister i.e. my mother as his legal.

 

My question are:

a)    Is my mother entitled to a share in the aforesaid immoveable property?

b)    Unfortunately, my mother has also expired since then. In this case, I being the only child, am I entitled to her share?

c)    What actions can I initiate since my 2 uncles have transferred the property in their name leaving me out ( they transferred the property post my mother’s death)

d)    I am told that as per laws in Uttarakhand, married daughters do not have any share in the land, is this correct ?



 3 Replies

SACHIN AGARWAL (ADVOCATE)     06 September 2011

If the Plot is non agricultural, it would be govered by the personal law and if agricultural, by Section 171 of U.P.Z.A.L.R.Act.

1 Like

Mrs . Shanta Rani (Housewife)     17 September 2011


 Sachin Ji,

 Thank you for your reply !

 The plot in reference is agricultural but, no agricultural activity has been performed for more than 5 years
 Will it still attract Section 171 of U.P.Z.A.L.R.Act or being a hindu, we are going to be governed by Hindu Succesion Act?
 Regards
 Shanta
 

SACHIN AGARWAL (ADVOCATE)     18 September 2011

Till the agricultural land is not declared non agricultural land under section 143 of U.P.Z.A.L.R. Act, it remains the agricultural land and in such case it is governed by the provisions of Section 171 of U.P.Z.A.L.R. Act.


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