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.
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)
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.
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.
Wont the Hindu inheritance act(sic) be applicable, wont the married daughters get a share as well?
The agriculture land is state subject in UP the amendment of Hindu succession act,2005 is not applicable on agriculture land.
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
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.
Provisions of Hindu succession act is not applicable for agricultural land in UP
Dear Sir,
After the death of your father it naturally devolves on the following formula
Section 8 in The Hindu Succession Act, 1956
(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
III. (1) Daughter’s son’s son, (2) daughter’s son’s daughter, (3) daughter’s son, (4) daughter’s daughter’s daughter.
VI.. Father’s widow; brother’s widow.
VII. Father’s brother; father’s sister.
VIII. Mother’s father; mother’s mother.
Explanation : In this Schedule, references to a brother or sister do not include
Of course they all have their respective share so please obtain the Succession Certificate or Legal Heir Certificate and go ahead.
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.
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
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
1) Yes, daughters will get their share by way of inheritance. However they need to prove that they are legal heirs of deceased.
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.
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 Pradesh, daughters 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.
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.