• Uttar Pradesh ancestral agriculture property for married daughter

My father died in year 2023 and left agriculture land which he inherited from his father, and his father inherited from his. Land is in Uttar Pradesh. I am married daughter and I have one brother who wants to take full land without giving me any share referring to UP zamindar act of revenue which take precedence over 2005 Hindu family act. We both siblings have minor daughters and no son. No other sibling. Surviving mother is there. No will exists. Land is still classified as agriculture.
Supreme Court has passed judgements on such cases but does that apply in my case being agriculture a state matter and not central ? How can I claim my share ?
A local Uttar Pradesh lawyers response will be highly appreciated.
Asked 2 years ago in Property Law
Religion: Hindu

7 answers received in 1 day.

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9 Answers

The law in Uttar Pradesh regarding inheritance of agricultural property by daughters is not covered under Hindu succession act instead it is governed by UPZLR Act.

By this act and as per latest amendment,  an unmarried daughter can claim a share in her father's agricultural property but the married daughters do not have any rights in the agricultural property,  however the daughters can claim a share in the house or other immovable properties of her deceased father. 

The state law in this regard overrides the central law. 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

As per provisions of UP zamindari prohibition act married daughter does not have any share  in ancestral agricultural property in UP 

 

you cannot claim any share in said land 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

2005 amendment of Hindu Succession Act prevails over all State laws as the same received consent of the President as required under Constitution of India.

Ravi Shinde
Advocate, Hyderabad
5125 Answers
42 Consultations

it applies to all agricultural properties 

 

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
99776 Answers
8145 Consultations

Whether ancestral or intestate succession,  the daughters don't have any rights in the agricultural property either in the state UP or in Uttarakhand state. 

The UPZLAR Act is the law that prevents the daughters from inheriting the agricultural property by the daughters. 

The said law overrides the central law of succession. 

Thus as the position of law is very clear in this regard there's no question of violating this law by any authority. 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

She can only challenge through Hindu succession act 2005 amendment 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Hindu succession will prevail. You have equal share in land. File partition suit. . 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Dear client,

In Uttar Pradesh, the UPZLR Act does indeed have provisions that govern the succession of agricultural land. Regarding the UPZLR Act, it's essential to understand its provisions regarding the succession of agricultural land, especially when dealing with ancestral property. While the Act may prioritize certain heirs, recent judgments from the Supreme Court may have provided more equitable interpretations of inheritance rights, especially for married daughters.

Verify the property's ancestral status and its classification under the relevant laws. Understanding the specific legal nuances regarding ancestral property can be crucial in determining your entitlement. You can send a legal notice to your brother asserting your rights and intentions to claim a fair share of the ancestral property. This can sometimes prompt negotiations or discussions for an amicable resolution. If negotiations fail, the lawyer may advise filing a lawsuit or petition in the appropriate court, presenting your case based on interpretations of recent Supreme Court judgments, arguing for the fair inheritance rights of married daughters in ancestral agricultural property. Providing evidence to establish your entitlement to the property through documentation and evidence of lineage and family history could strengthen your case.

If the initial court ruling is unfavorable, you might have the option to appeal to higher courts, citing relevant laws, precedents, and constitutional provisions that support your claim. Sometimes, courts encourage mediation or alternative dispute resolution methods to resolve family property disputes without protracted legal battles. You can reach out to us for further assistance

 

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

- You can claim equal right in the ancestral agriculture property , as In July 2019, the Uttar Pradesh Cabinet approved an amendment in its Revenue Code to expand the rights of unmarried daughters to inherit agricultural land..

- You can approach the Court for claiming a right over the agriculture property. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

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