• Daughters property rights in Uttarakhand

We are three daughters from 1st wife.Father brought a lady in 1985 & has two sons from her.Father was a govt teacher & died in 2000.Our mother & 2nd lady are alive.Are we three sisters have any right in father's agricultural property.If yes what will be property distribution.We belong to hindu family in Uttarakhand.
Asked 4 years ago in Property Law
Religion: Hindu

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16 Answers

You, along with your mother and the sons of the second wife are eligible for equal share in the property. Since the marriage is not valid with second wife then she donot have any share but the child born out of her are biological children of your father and they have equal rights in the property,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

To divide property either a partition deed can be drawn by the family mutually or a partition suit can be filed.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Until the Hindu Succession Act, 1956, was amended in 2005, the property rights of sons and daughters were different. While sons had complete right over their father's property, daughters enjoyed this right only until they got married. After marriage, a daughter was supposed to become part of her husband's family.

Daughters' rights in Hindu Succession Act, 2005

Earlier, once a daughter was married, she ceased to be part of her father's HUF. Many saw this as curtailing women's property rights. But on September 9, 2005, the Hindu Succession Act, 1956, which governs the devolution of property among Hindus, was amended. According to Hindu Succession Amendment Act, 2005, every daughter, whether married or unmarried, is considered a member of her father's HUF and can even be appointed as 'karta' (who manages) of his HUF property. The amendment now grants daughters the same rights, duties, liabilities and disabilities that were earlier limited to sons.

Earlier, according to the ruling, a daughter can avail of the benefits granted by the amendment only if her father passed away after September 9, 2005. and the daughter is eligible to be a co-sharer only if the father and the daughter were alive on September 9, 2005. However, on February 2, 2018, Supreme Court has made it a general rule that a daughter, living or dead, on the date of amendment will be entitled to share in father’s property, thus making her children too to claim this right.

Equal right to be coparceners

A coparcenary comprises the eldest member and three generations of a family. It could earlier comprise, for instance, a son, a father, a grandfather, and a great grandfather. Now, women of the family can also be a coparcener.

Under the coparcenary, the coparceners acquire a right over the coparcenary property by birth. The coparceners' interest and share in the property keep on fluctuating on the basis of the number of members according to the birth and death of the members in the coparcenary.

Both ancestral and self-acquired property can be a coparcenary property. While in case of ancestral property, it is equally shared by all members of the coparcenary, in case of self-acquired, the person is free to manage the property according to his own will.

A member of the coparcenary can also sell his or her share in the coparcenary to a third party. However, such a sale is subject to the Right of Pre-emption of the remaining members of the coparcenary. The remaining members, however, have the “right of first refusal” over the property, to stop the entry of an outsider.

A coparcener (not any member) can file a suit demanding partition of the coparcenary property but not a member. Thus, the daughter, as a coparcener, can now demand the partition of her father's property.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

Daughters don’t have share in agricultural land

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.

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

Property will go to step brothers

Your brothers can sell agricultural land to third parties

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

1. If your father brought another woman or even remarried without divorcing his first wife then the second woman does not have the legal status of his wife. Consequently she cannot claim succession to the property of your father, but her children can.

2. The agricultural land of your father has devolved on your mother, three daughters and two sons from the woman he brought.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

1. Your share is at par with that of your step brothers. You can file a suit for partition to cull out your share in the land.

2. Also seek injunction to stop step-brothers from selling the land during the pendency of the suit.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Yes the step brothers have right over the property ans they can sale same

Once the property is partirioned all the siblings are individual owner and can dispose property on there wish.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

As your mother is alive and your father married again the second mother will have no right in the property as her marriage is invalid but the children of the second wife will have the equal right in the property along with you and your mother so your property will be divided in 6 equal portions favour of Three Sisters one mother and two Step Brothers.

All of you have equal rights in the family property

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Since the UPZALR Act is applicable the daughters don't have equal rights in the agricultural landed property.

You are entitled for an equal rights in the other properties.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

The remedy is that you can approach court with a partition suit, let the court decide.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

Your step brothers are legitimate children of your father hence they will acquire the property as his legal heirs or successors in interest.

They can sell the property to anyone of their choice

They need not obtain permission or consent from the daughters for selling the agricultural landed property.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

Dear Client,

All sisters along with mother and step son will inherit equal share i.e. 1.6th each. 2nd mother has no claim.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

After amendment in Hindu Succession Act, married daughter have share in agriculture land too and being major act will prevail over upzalr act.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

This is my response to you:

1. Yes all the sisters have a share in the property;

2. As well the children of the 2nd wife are entitled to the property, they can sell only their portion but not for commercial use (without obtaining permission from the state government);

3. They cannot be called step-brothers, rather they are illegitimate children of the second wife of your father;

4. Though the 2nd wife will not have a claim on the property;

5. Obtain succession certificate as soon as possible and approach the tehsildar office and make the mutation entries in your name.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

This is in further response to you:

1. As per section 154 ((1) Save as provided in sub-section (2), no bhumidhar shall have the right to transfer by sale or gift, any land other than tea garden to any person where the transferee shall, as a result of such sale or gift, become entitled to land which together with land, if any, held by his family will in the aggregate, exceed 5.0586 hectares (12.50 acres) in Uttar Pradesh]. Please note the area mentioned in the section;

2. As per section 154 (3) of the UPZALR Act, the bhumidar includes: [(3) A bhumidhar with transferable rights may sell his land to any of the categories of tenure holders in the State of Uttaranchal as mentioned in Section 129 or such owner of any immovable property in Uttaranchal who has acquired it on or before 12.9.2003 or to any member of the 'family', which means husband, his wife and their children, including step or adopted children, and includes parents, grandparents, brothers and unmarried, widowed, separated and divorced sisters of such tenure holder of the owner, as the case may be]. Please note the word step in the section;

3. You must engage services of a lawyer, verify the dates, the area, your land documents and then only best advise can be given to you. The act will apply in your case provided certain backgrounds checks are completed;

4. But as per the Supreme Court, irrespective of the 2005 amendment in HSAct, you are still eligible for a share in the property;

5. If there are disputes then file a suit for partition in the civil court;

6. Take stay order, interim reliefs and/or injunction orders against anybody else who wrongfully tries to claim your share.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

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