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PRASHANT (IT MANAGER)     26 June 2025

Succession in upza

I want to take a legal advice for a matter for regarding property agriculture property

My grandfather are two  brothers (X,Y)

Y who was not married gifted his share of property to his sister's ABCD by  will deed.

There are four sister ABCD 

A(unmarried) died and her share mutated to their sister BCD 

B (unmarried ) died and gifted her share to her grandson(brother( X)> son> son)

C was married and her share succeeded  to her adopted son 

D (UNMARRIED)died with no will deed

Question is regarding D property

  brother X has 2 son (P ,Q)

As per succession law 

Section 174 in The U.P. Zamindari Abolition and Land Reforms Act, 1950

Her land should succeed to brothers son

As mother,father, brothers are not alive

Now question is

Among Brother's son. P Q  

Q is dead left his widow with child

But magistrate ordered whole property to P saying that as at the time of death of D  Q was not alive so his share will not go to his Q child 100% share will devolve to P

I am Q child 

 

Kindly help ..if my father is not alive how his share devolve to my Uncle P 

 

Thanks

 

 

 



 4 Replies

T. Kalaiselvan, Advocate (Advocate)     27 June 2025

If the judgment given by court is not satisfactory and if you feel that this judgment is erroneous then you can very well file an appeal against the aggrieved judgment.

In my opinion the judgment is legally correct.

Dr. J C Vashista (Advocate )     27 June 2025

You have mixed up various issues and made the post vague and complicated.

What is the opinion and advise of the lawyer contesting / proceeding your case who is well aware about facts and circumstances of the case besides the fact  that s/he is an able, competent and intelligent enough to satisfy your queries ?

It is better to consult a local prudent lawyer with relevant records for proper analyses, professional advise and necessary proceeding if you have lost faith in your lawyer.

R.K Nanda (Advocate)     27 June 2025

Take help of local lawyer for proper legal guidance. 

P. Venu (Advocate)     28 June 2025

Which magistrate - Judicial or Executive?

Would not the inheritance, in the given facts governed by the provisions of Hindu Succession Act than those of the U P Zamindari Abolition and Land Reforms Act?


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