• Transfer of agricultural land (U.P.) after demise of owner

The deceased is survived by his wife and four daughters (all married).
How do we transfer the said property to its legal heirs 

PS The kutumb register has the entries if husband and wife. ( husband marked as deceased)
Asked 2 months ago in Property Law from Azamgarh, Uttar Pradesh
Religion: Hindu

See as per UP Zamindari Abolition and Land Reforms Act 1950 section 171 that is general rule of succession in agriculture land the widow mother shall have right over the property.

Shubham Jhajharia
Advocate, Ahmedabad
15272 Answers
63 Consultations

5.0 on 5.0

You have to apply in th revenue department or gram panchayat office, all legal heirs name and address, Photo identity like PAN , Aadhaar card, and domicile certificate along with deceased death certificate.

Ganesh Kadam
Advocate, Pune
6426 Answers
47 Consultations

4.9 on 5.0

The agriculture land is state subject in UP the amendment of Hindu succession act,2005 is not applicable on agriculture land.  

Shubham Jhajharia
Advocate, Ahmedabad
15272 Answers
63 Consultations

5.0 on 5.0

Hello,

Yes the daughter is eligible only if the will is made after 2005.

And in case of dying intestate she can claim her share equally 

Regards

Swarupananda Neogi
Advocate, Kolkata
942 Answers
2 Consultations

4.8 on 5.0

On demise of father Married daughters have no share in agricultural land in UP 

 

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.

Ajay Sethi
Advocate, Mumbai
61254 Answers
3715 Consultations

5.0 on 5.0

Provisions of Hindu succession act is not applicable for agricultural land in UP 

Ajay Sethi
Advocate, Mumbai
61254 Answers
3715 Consultations

5.0 on 5.0

Dear Sir,

 

After the death of your  father it naturally devolves on the following formula

 

Section 8 in The Hindu Succession Act, 1956

  1. General rules of succession in the case of males.—The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter—

(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;

(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule;

(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and

(d) lastly, if there is no agnate, then upon the cognates of the deceased.

 

Hindu Succession Act, 1956 [Section 8]

HEIRS IN CLASS I AND CLASS II

 

CLASS I

Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.

 

CLASS II

  1. Father.
  2. (1) Son’s daughter’s son, (2) son’s daughter’s daughter, (3) brother, (4) sister.

III. (1) Daughter’s son’s son, (2) daughter’s son’s daughter, (3) daughter’s son, (4) daughter’s daughter’s daughter.

  1. (1) Brother’s son, (2) sister’s son, (3) brother’s daughter, (4) sister’s daughter.
  2. Father’s father; father’s mother.

VI.. Father’s widow; brother’s widow.

VII. Father’s brother; father’s sister.

VIII. Mother’s father; mother’s mother.

  1. Mother’s brother; mother’s sister.

Explanation : In this Schedule, references to a brother or sister do not include

Netravathi Kalaskar
Advocate, Bangalore
2440 Answers
6 Consultations

5.0 on 5.0

Of course they all have their respective share so please obtain the Succession Certificate or Legal Heir Certificate and go ahead.

Koshal Kumar Vatsa
Advocate, Gurgaon
1321 Answers
1 Consultation

5.0 on 5.0

Since your father had died without leaving any WILL, his property will go in equal share amongst his Class-I heirs viz., his widow (i.e. your mother), his children and also his mother (in case she is alive).

First, one has to obtain legal heir certificate from the Tehasildar by submitting a detailed application indicating all the Class-I heirs left behind by the deceased, their age, their relationship with the deceased (i.e. wife, son, daughter, mother etc.). The said Application should be accompanied by the Death Certificate.

After making enquiries, the Tehasildar will issue the legal heir certificate.

On the basis of the said legal heir certificate, the legal heirs have to approach the Authorities for mutation of the property in their name.

Prerit Goyal
Advocate, Jaipur
8 Answers

Not rated

The land is an agricultural one and hence the revenue courts have jurisdiction. The land must be transferred through a process of Daakhil-khaarij. For this the kutumb register is relevant.

the daughters would definitely have a  share in the ancestral property.

Regards 

Rahul Mishra
Advocate, Lucknow
3234 Answers
9 Consultations

5.0 on 5.0

If he died intestate then his four daughters will also have share in the same. If all are interested in the share then you can mutuate the property in their names at sub registrar office

Prashant Nayak
Advocate, Mumbai
8252 Answers
11 Consultations

4.8 on 5.0

1) Yes, daughters will get their share by way of inheritance. However they need to prove that they are legal heirs of deceased.

Ganesh Kadam
Advocate, Pune
6426 Answers
47 Consultations

4.9 on 5.0

Daughters and wife get equal share in said property. 

 

Mohammed Mujeeb
Advocate, Hyderabad
7046 Answers
3 Consultations

4.5 on 5.0

1. ALL the legal heirs of the deceased have to execute a registered "Family Settlement Deed", with strategic clauses, with mutual consent and joint signatures, clearly specifiying the property distribution ratio's amongst the legal heirs. This preferably should be without monetary consideration, to avoid Tax disputes, in future.

2. The above would be legally sufficient for all futuristic purposes, for further Sale /Gift /Transfer /Mortgage /whatever, at the hands of the receiver.

Hemant Agarwal
Advocate, Mumbai
1796 Answers
10 Consultations

5.0 on 5.0

  1. As per the information mentioned in the presnet query, makes it clear that the agricultural land has not been divided before 2005 being an anscestral land, I believe so.
  2. If not divided before 2005 or given to some one else or to the wife legally, then even married daughters would also have right in it as separate shares and mother would only have one share in it and that is also from the notional (as deceased now) share from her husband’s share.
  3. And daughters would get one more share out of their father’s notional share.
  4. it means property will be divided in 5 equal shares, four of daughters and one is of father as notional one.
  5. Then that notional share will be divided equally between all five including mother. 

Sanjay Baniwal
Advocate, South Delhi
3984 Answers
7 Consultations

5.0 on 5.0

Succession to agricultural land is governed by state laws which are not based on religion and apply equally to all persons. Succession to agricultural land has been viewed mostly from the perspective of the need to move away from the zamindari system and give land to the tiller of the soil.

 

In Uttar Pradeshdaughters and sisters do inherit agricultural land, but they are low in the order of succession.

For succession to agricultural land, in cases where there is no will, married daughters only inherit if there are no widows, male lineal descendants, the mother and father of the deceased or an unmarried daughter.  Section 107 of this Act allows the owner to dispose agricultural property by making a will so technically they have the option of willing it to anybody they want to, ignoring the restrictions of intestate succession.

 

Thus in the above circumstances, the widow shall inherit the entire property while she can transfer the same to her daughters by a testamentary disposition, i.e., by bequeathing the property in her daughters favor by writing a  Will of testament.

 

T Kalaiselvan
Advocate, Vellore
51330 Answers
609 Consultations

5.0 on 5.0

 In Uttar Pradesh, daughters and sisters do inherit agricultural land, but they are low in the order of succession. The new UP Revenue Code, 2006 which came into force in 2015 has made many welcome changes to revenue laws in the state including consolidating the law by repealing 32 Acts. But for succession to agricultural land, in cases where there is no will, married daughters only inherit if there are no widows, male lineal descendants, the mother and father of the deceased or an unmarried daughter.  Section 107 of this Act allows the owner to dispose agricultural property by making a will so technically they have the option of willing it to anybody they want to, ignoring the restrictions of intestate succession.

 

T Kalaiselvan
Advocate, Vellore
51330 Answers
609 Consultations

5.0 on 5.0

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