Daughter Right in Father's Self Acquired Agricultural Land
Father (a Hindu) died intestate in the year 2013 leaving 3 sons and one married daughter. He bought an agricultural land in Dehradun State Uttaranchal from his self earnings along with other properties during his lifetime.
The agricultural land is governed by the state law UP Zamnadri and Land Reforms, married daughter are put to a lower hierarchy as per Section 171 of the UPZA & LR act. The agricultural land goes to the widow and the male heirs only.
Succession will be governed by Section 8 of the HSA 1956 and also Section 4(2) which prohibited fragmentation of the land and also State Laws governing the Agricultural lands was deleted by an amendment in 2005.
However, the state did not brought the necessary amendment in UPZA and LR Act after HSA deleted the clause on 09/09/2005 and still do not mutate the agricultural land in favour of married daughter alongwith the brothers of the deceased.
1. If HSA as amended in 2005 have overriding effect on state laws ?
2. How to the daughter claim her share and convince the respective SDM/Tehsildar to mutate the agricultural land of her share in the land ?