• Married daughter's right to ancestral property in Uttaranchal

My dad passed away couple of years back. The land in Dehradun had his name on title. When my mother went to a lawyer to put her, my brother's and my name on the title, the lawyer told her that I (daughter) don't have any right to my father's property as I am a married. My mother challenged him on this but he said it's the law of uttarakhand and in this state married daughter doesn't get anything. I am an educated woman and I know for sure that in india daughters, married or single, has equal rights to the property as the son. I am really furious that despite my mother's request to put my name, he did not do that. Instead he said that the magistrate rejected my name on the basis that I am married and don't hold any right to the ancestral property.

Can anyone help me to understand - how the law can be different in uttarakhand than the rest of India?
Asked 7 years ago in Property Law
Religion: Hindu

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9 Answers

Hi

Your lawyer is not right and indeed wrong in depriving of your right.

We don't know what was the please they moved in the court but law of the land is the same for in your state as well

Approach another lawyer and find out what had done to deprive you from rights.

If the court was made to convince that you were paid dowry/dhan in terms of cash and jewelry and was settled at the time of marriage, this can be challenged

You and your mother both have one each right with your other siblings.

So get a lawyer and proceed to fight for your right

Thresiamma G. Mathew
Advocate, Mumbai
1642 Answers
212 Consultations

5.0 on 5.0

as per Uttaranchal zamindari and land reforms amended ( 2007 ) act married daughters have no share in agricultural land

2) Agriculture is a State subject and agricultural property is dealt by Provincial Acts.

3) 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.

4) Sub-section (2) of Section 4 of Hindu Succession Act states that the Act will not affect the provisions of any law which is in force if it provides for prevention of fragmentation of agricultural holdings or fixation of ceiling or for the devolution of tenancy rights in respect of such holdings

5) under the circumstances you would have no share in agricultural land

Ajay Sethi
Advocate, Mumbai
95223 Answers
7612 Consultations

5.0 on 5.0

1. Upon your father's intestate death, the property would devolve equally to all the 3 of you, Viz., Your mother, your brother and you.

2. The local law(even if it is there) cannot supercede the Central Government's policy in this regard.

3. For self acquired property, whether it is Son or Daughter, the rights to the property of their father after the death of their father has always been there and for ancestral property, the amendment to the Hindu Succession Act in 2005 gets the women, whether married or not, the right to property on par with her brothers .

Shashidhar S. Sastry
Advocate, Bangalore
5183 Answers
317 Consultations

5.0 on 5.0

1. It is not clear when did your father die if he is not alive?

2. If he has died after 2005 then you have equal rights in the proeprty which is his ancestral proeprty.

3. If he s alive then you can claim share after his death and if you are denied then you can file suit for partition.

4. however you cannot claim any share in his self acquired of he decided to transfer the same to anyone except you.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

1. No, the law concerning succession of properties is not different in Uttarakhand.

2. The Indian Succession Act is applicable in Uttarakhand in the same way as it is applicable in the entire India.

3. Collect a legal heir certificate from your local tehshilder or counselor of local municipal corporation and apply for mutation of your father's said landed property submitting the death certificate of your father and the legal heir certificate for your father's properties.

4. Alternatively all of you can register a partition deed for the said property through which your name will be registered as the title holder of a part of the said property of your father.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. Act passed by a state can not supersede the Act passed by the Central Government.

2. Your said lawyer's such statement does not matter at all and it will not snatch away your due right on your demised father's properties.

3. You should mutate your name in the land record maintained by BLRO.

4. You can also take the alternate steps as suggested in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

Under the provisions of section 171 of the Uttranchal (Uttar Pradesh Zamindari abolition and land reforms act, 1950, amended act 2005) the following relatives of Bhumidar or asami are the legal heirs namely:

1. Widow and the male lineal descendant per strip;

2. mother and father

3. unmarried daughters

4. married daughters

5. brother and unmarried sister respectively the children of the same father of the deceased

6. sons's daughter,

7. father's father

8. daughter's son,

9. married sister and so on.....

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 Uttranchal, it is governed by the 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.

Thus as per amendment to the Uttranchal ZA Act, the first right goes to my mom and brothers and if the both mother (widow) and brothers are dead then as per this law property goes to unmarried daughters and if they also died then to the married daughter.

T Kalaiselvan
Advocate, Vellore
85424 Answers
2239 Consultations

5.0 on 5.0

I was reading more on this. Can it be that a state's zamindaari property act can supersede central's equal right to property? Can this be a reason or the other that the lawyer has not cared to read any law amendment after 2005?

For your information the HSA amendment act enacted by central government do not prevail over the state government law in this regard. For ample the UP or Uttranchal ZA amendment act still prevails despite the latest amendment to HSA b central government.

Therefore your lawyer was right that you do not have rights in the property during the life time of your brother and your mother.

But there is no restriction in either transferring their share to you as a gift deed.

T Kalaiselvan
Advocate, Vellore
85424 Answers
2239 Consultations

5.0 on 5.0

1. Firstly it is not clear on what basis you are calling the property 'ancestral'. An ancestral property is one which was originally purchased by the great grandfather, and travels up to the fourth lineal ascendant without division. Secondly, after the 2005 amendment the daughters have a share equal to the share of sons in ancestral property.

2. If the title of the property vested in your father then it can by no stretch of the imagination be termed ancestral. The self acquired or separate property of your father devolved through intestate succession on his widow and all children equally.

3. The Zamindaari Property Act being a state act can applies with full vigour notwithstanding what the central act states.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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