daughter right in agriculture property
Querist :
Anonymous
(Querist) 03 January 2010
This query is : Resolved
I am two sisters and 5 brothers. My father had 28 Acres of ancestral agriculture property. He transferred 4 acres to each of the brothers in deed and he left 8 acres in his own name. He promised me and my sister to have this remaining 8 acres so that every one gets 4 acres but he did not create a deed. I have a handicapped son and very small income. Now my brothers are selling the land to a builder and not giving us any thing. They are claiming that daughters have no right in agricultural property. Our argument is that this is not an agriculture transaction since buyer is a builder and is interested in selling plots on this land. How do we claim our 8 acres so that division is fair and also how do we get an interim stay on this transaction. They have already received partial money for the transaction. Please recommend a lawyer in western UP who can help us. Also, can we file a claim in our local court so that we don't have to travel to the city where the land is.
Thanks.
niranjan
(Expert) 03 January 2010
Daughters also have equal share in the property. Ask your sisters to file the suit for partition alongwith injunction.I hope the previous partition deed is unregistered so that in the suit whole land can be included,or rest of the brothers will have to support her share and intention of father to give 4 acres to each sister.
Raj Kumar Makkad
(Expert) 03 January 2010
You should file a partition suit and seek stay order against third party interest. Whole the agricultural land owned and possessed by your father being ancestral property should be included therein. You have not mentioned about your mother whether she is dead or alive. I presume her as expired.
If your father had expired after 2005 then you both sisters shall also get equal share as of your brothers and if he had expired before 2005 then your share is limited only to the extent of 3 Kanal 3 Marls each (both sisters 6 Kanls 6 Marlas).
In which district you require advocate in western UP? I have in Mathura, Agra, Meerut, Muzafarnagar, Aligarh, Hathras, Eta, Bulandshahar, NOIDA.
