Upzalr or hsa
1. In 1986, Mr X dies without will and he has a self-acquired property in the form of a land which he bought from his self-earned capital.
2. To Mr. X, there are 8 children - 3 sons say A, B, C and four daughters say D,E,F,G.
3. This land has been taken over under URBAN CEILING ACT (in the lifetime of Mr. A). To this Mr. A has appealed that the land was agricultural and so is to be exempted under Urban Ceiling Act however this appeal has been rejected by the then magistrate citing it to be an urban land and accordingly taken over in Ceiling Act.
4. On death of Mr. X in 1986, his three sons A, B and C have mutated their names in the property. It is not clear why the names of daughters have not been mutated; the sons give the reason as follows: the mutation has been made under UPZALR Act and not under Section 6 of Hindu Succession Act and so daughters are not the successors.
5. Since the land was in ceiling so no progress has been made in this matter.
6. Since the local development authority has not taken possession of the land and under ceiling repealing act the land was given back in the year 2007.
7. In the year 2012, a legal notice has been served to A, B and C by the sisters D, E , F and G for their equal shares, i.e. 1/7th in the property as under Section 8 of Hindu Succession Act. To this notice the brothers have given no reply, however they have filed a caveat in the local district court.
8. After that, the brothers have organised a number of family meetings, each time offering different percentage (less than 1/7th) to the sisters, however each time they kept deviating from their words and citing afterwards that there is no right of daughters in the said property.
9. In December 2015, again a legal notice has been served to the brothers, though it has been received but again unanswered.
10. Now, as of today in October 2016, the parties A, B and C are calling the sisters and saying they are selling the property and would offer a trifle amount to the sisters as a symbol of good faith, though sisters have no right in the property.
11. When enquired in the local development authority, it has been found that the land is in Urban Record.
(a) Nature of land- I want to know how to ascertain the nature of land, as A, B and C are citing it as an agricultural land and telling that it would be governed by UPZALR Act. But then
(i) Why it has been taken over in Urban Ceiling Act?
(ii) The appeal by Mr. A citing it as an agricultural land has been rejected.
(iii) In the records of Local Development Authority it is urban.
(iv) There is an elected corporator from this area.
How to know what is the use of land and whether it is governed by UPZALR or HSA?
(b) If It is Urban Land, how the name of daughters have not been mutated?
(c) If it is urban land, can the sons A, B and C sell it alone without the sign of sisters?
(d) What is the present immediate possible remedial process that can be adopted by the sisters D, E, F and G to safeguard their right and interest?
Thanks for your valuable time, consideration and effort.