Ancestral property and rightful owner
HarishKumar
(Querist) 30 November 2012
This query is : Resolved
Dear sir,
I belongs to Bareilly of Uttar pradesh.
kindly tell me whether father is absolute rightful owner of ancestral agricultural land.(It is not his self acquired)
Can he sell it leaving his major children on road?
if no then kindly give references of judgements & suggest the solutions.
ajay sethi
(Expert) 30 November 2012
was the land belonging to your forefathers or was it inherited by your father from his grandfather only . if it is ancestral property then the children have share in the said land. contact a local lawyer
HarishKumar
(Querist) 30 November 2012
Dear Sir,
My father tell me that his father (my grandfather) get this land after Abolition of zamindari system.
Devajyoti Barman
(Expert) 30 November 2012
Th is his ancestral property and hence all his legal heirs have equal share in it.
HarishKumar
(Querist) 30 November 2012
Dear sir,
I belongs to Bareilly of Uttar pradesh.
kindly tell me whether father is absolute rightful owner of ancestral agricultural land.(It is not his self acquired)
Can he sell it leaving his major children on road?
if no then kindly give references of judgements & suggest the solutions in reference to UPZA & LR Act
Raj Kumar Makkad
(Expert) 01 December 2012
As this land was obtained by your grandfather due to Zamindari Abolition Act so the same was his self acquired property and this is now a personal property of your father so he is free to treat it as per his wishes and whims as you have no right therein.
Mayank Saxena
(Expert) 01 December 2012
Yes I agree with the Raj Kumar ji under sec.171-175 of U.P.Z.A.L.R.Act inestate succession is defined .Therefore as per sec171clause(2) of the said act your father is absolute owner of the property and he has a right to transfer it.
prabhakar singh
(Expert) 01 December 2012
Mr.Mayank saxena is correct unless you are able to prove that the land in question were
SIR and/or KHUDAKASHT during Zamindari period
and sons were minor during Consolidation ,if gone any.
HarishKumar
(Querist) 02 December 2012
Dear Sir,
I am thankful for your valuable advise & absolutely agree with it.
my last question is that how can i prove it SIR and/or KHUDAKASHT during Zamindari period becsuse land remain in KARTA's name of the family. other members have no name on records. there is no consolidation since independence in my village.
Mayank Saxena
(Expert) 02 December 2012
Please confirm about the consolidation from lekpal or revenue officer
