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Rohit   28 May 2017

Is sale deed void?

1. The father died in 1986, intestate leaving behind 4 daughters and 3 sons. With his self earned capital he has bought a land in 1966.

2. In 1980, the land has been seized under URBAN CEILING ACT, to this the owner has objected but the objection was rejected with the order that the land in survey and master plan is found to be residential. (The certified copies are available).

3. 1n 1986, after the death of father the three sons have got their names mutated in the revenue records as owner (in accordance with rules of UPZALR).The land was recorded in revenue Records.

4. In 2004, the land has been returned back under URBAN CEILING REPEAL ACT.

5. Since 2009, the four daughters have repeatedly served legal notices to the three sons, demanding their rights in the land accroding to Hindu Succession Act (section 8) as the land is self-earned residential property of their father who dies intestate.

6. The sons have always denied the rights of sisters citing that the land is agricultural and daughters have no right in it.

7. A civil suit has been filed seeking injunction and partition, for the last six months the sons have not been taking notices and the suit is still in process of hearing.

8. The sons have executed  a REGISTERED SALE DEED in last month. The nature of land shown was "agricultural" and the sale deed was executed by the signatories of three sons (in accordance with succession rules of UPZALR Act citing the land as agricultural)

Queries:

(a) Why the land has been in revenue records when it has been shown as residential in survey reports in 1980 and has been taken in urban ceiling.

(b) Why the succession was done as per UPZALR Act, inspite when the land has been declared as Urban and seized in Urban Ceiling, then  it must been been subject to Personal Law, Hindu Succession, Section 8.

(c) What remedial method can be adopted by the daughters right now to safegauard their rights?

Thanks.



Learning

 6 Replies

Ms.Usha Kapoor (CEO)     28 May 2017

YOUGET REVENUE RECORDS RECTIFIED FROM AGRICULTURAL L;AND TO URBAN RESIDENTIAL LAND. in THAT DAUGHTERS ALSO HAVE EQUAL RIGHTS.

G.L.N. Prasad (Retired employee.)     28 May 2017

 As per the following extract of the query, the matter is subjudice, and you have an advocate to guide you properly as he is well versed with full details of your case

 

7. A civil suit has been filed seeking injunction and partition, for the last six months the sons have not been taking notices and the suit is still in process of hearing. 8. The sons have executed  a REGISTERED SALE DEED in last month. The nature of land shown was "agricultural" and the sale deed was executed by the signatories of three sons (in accordance with succession rules of UPZALR Act citing the land as agricultural

As per his advice, you can proceed further.  There is controversy in the following, and you can file RTI Application and seek information for the correct position.  Agricultural lands can be subsequently converted to residential as per demands in the master plan, though they are marked as residential for the purpose of the master plan, the actual use of that land is also important, and the crops grown, taxes paid also supports the actual use.

 

2. In 1980, the land has been seized under URBAN CEILING ACT, to this the owner has objected but the objection was rejected with the order that the land in survey and master plan is found to be residential. (The certified copies are available). 3. 1n 1986, after the death of father the three sons have got their names mutated in the revenue records as owner (in accordance with rules of UPZALR).The land was recorded in revenue Records. 4. In 2004, the land has been returned back under URBAN CEILING REPEAL ACT.

When you have engaged an advocate to deal the matter, you can only supplement his efforts and can only proceed as per his directions, as the issues which you are not aware may cause confusion within you and misunderstanding with the advocate, as issues can be interpreted in any way.

Kumar Doab (FIN)     28 May 2017

The succession opens on date of death.

On date of death the land was agriculture.

Married daughters are not given share as per UPZALR Act.

 

Kumar Doab (FIN)     28 May 2017

The succession opens on date of death.

Married daughters are not given share as per UPZALR Act.

Local counsel well versed with local laws and revenue/civil matters can opine the best.

 

Kumar Doab (FIN)     28 May 2017

There are many threads on UPZALR Act that you may find useful e.g;

 

https://www.lawyersclubindia.com/forum/Married-daughter-rights-in-father-ancestral-agri-property-108106.asp

 

Rohit   28 May 2017

Dear Mr. Kumar Doab,

Thanks a lot for your valuable time and co-operation.

I would like that you consider the following issue and give your valuable opinion/advice.

The main query is regarding the “nature of land” as far as succession is concerned.

In 1980, the land has been seized under URBAN CEILING ACT, to this the owner has raised objection citing that the land is “agricultural” but the competent authority has rejected this objection saying that in survey reports the land is residential. There is certified copy for this notification of residential nature by the competent authority.

 

Inspit of this the land was continuing in revenue records and in 1986, after the death of the owner, the three sons have mutated their names as per UPZALR act.

 

Now they have executed a sale deed with the same rights.

 

What is the nature of land? (as far as succession is concerned), it is in Municipal Limits, notified as residential in survey reports (as mentioned earlier) then still would it be treated as agricultural land and suibject to UPZALR act?

 

Or is it the defect in records and need to be revised, if so what is the procedure?

 

Thanks.


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