Hello,

1) Your property is not ancestral in nature, however you have an equal right in the property left behind by your deceased father in the absence of any will. Your mother has right to dispose of only 50%of the property as you are the only other heir.

2) You can file a suit for partition and challenge the sale/transfer/ gift to your cousin/her nephew. This will lead to your getting your rightful share or they'll come up for a settlement by compromise.

provisions of hindu succession act are not applicable to agricultural lands in UP

2) Section 171 of the Zamindari Abolition and Land Reforms, 1950 Act clearly lays down that in case a male tenure holder dies then his son or his male descendants will come to inherit his rights in the holding of land. His own daughter and son’s daughter and the descendants of daughters have been excluded for this purpose

3)A married daughter has been completely excluded. If no male descendant is there, the rights of the deceased would come to be inherited even by his brothers or other male relatives but not by his own daughter. In categorical terms, the Act has preferred the brother of a deceased to a married daughter of the deceased for inheritance in tenure holding. Thus, even in a nuclear family where there is no male survivor, the married daughter cannot inherit the rights, rather her uncle has been found by our legislature in its wisdom, to be a suitable heir to inherit the tenure holding.

4) you cannot claim any share in agricultural land in UP

you have no share in ancestral agricutural land in UP

First you understand what is Ancestral property ? and the sold property comes under the head of Ancestral property ?

Ancestral property is defined as the property whose title has not changed for last 4 generations i.e. from great grandfather to great grandson without being interrupted by any partition/settlement/sale/gift deed or will. If it is not so, then it is not an ancestral property.Properties inherited from mother, grandmother, uncle and even brother is not ancestral property. Property inherited by will and gift are not ancestral properties. Self acquired property on the other hand can become ancestral property only if it is thrown into the pool of ancestral properties and enjoyed in common.

After the death of your father the property belongs to him was divided equally divided between you and your mother. The property sold your mother from her husbands property, you have right to challenge the same. But she can alienate 50 % of the property.In such a case you can file a suit for partition and challenge the registration done by your mother.

If the property comes under Ancestral property

The Hindu Succession Act 1956 did not give daughters the right to inherit ancestral property, unlike their brothers who were considered sole heirs. Women could only ask for sustenance from the family. This changed with an amendment that came into effect from September 9th, 2005. While this was seen as a huge victory for Indian women, the Supreme Court's latest stance has left many disheartened, while the same condition does not apply to a woman's male siblings or the male heirs of the family. A bench of Justices Anil R Dave and Adarsh K Goel held that the date of a daughter becoming coparcener is on and from the commencement of the Act.

Contact a local lawyer and file suit to set aside gift deed executed by your mother

Seek injunction restraining nephew from selling the property

If the property belonged to your father and he is reported to have died intestate then you are entitled to an equal share in the properties left behind by him.

You can file a partition suit by including all those properties (including the properties which have been already sold)

and seek the relief of partition and separate possession of your legitimate and rightful share in the properties.

You should not be worried about the cancellation of sale deeds your mother executed in your absence, you need not challenge them, you can concentrate only on your reliefs.

want to know is there any law that can help me to get my ancesator land back what can i do ??

As per Hindu succession law you are entitled to a legitimate share in the properties that have been left behind your father upon his intestate death.

You can seek partition and separate possession of your rightful and legitimate share in the properties along with your mother.

after the death of the father, chakbandi was implimented and the property was transferd to my mother at this condition what is the status of share for me being the only heir. i don't have any uncle since he died many years ago near about in1980 or any other male person belonging to my fathers family i am the only heir

can i apply for the stay against the registery done by my mother ? and for what duration stay can be laid??

Your father's properties, upon his intestate death shall devolve on his own legal heirs only.

You and your mother are the legal heirs to your deceased father.

You are entitled to half share of properties out of your father's properties.

Your mother cannot sell your share of properties

She cannot transfer all the properties to her name.

You can file a partition suit seeking partition and separate possession of your rightful share in the properties and also file an application seeking to restrain the defendants from alienating or encumbering the property in furtherance till the disposal of suit as an interim relief.