Share of married daughter on agricultural land
Gouri Shankar
(Querist) 07 December 2011
This query is : Resolved
Share of married daughter on Agricultural Land
We have an ancestral property acquired by my great grand father, which is a large agricultural land in west UP in Aligarh.
My grand father has 3 childern – my father and 2 brothers. After my grand father died land transfer the all 3 brothers as joint property. My father and 1 Brother is also died. So. Agricultural land to their children with joint property. Since that agricultural land purchased with single account in joint property.
After my grand father died agricultural property can not divide and my father and 1 brother died but property can’t divide yet. My father died a accidental death 20 years back and has not left any will. My mother also died in 2009, After my father death that agricultural land transfer to my brother but not divide agricultural land. We are 4 sisters and 1 brothers.
According to UP ZA & LA Act. “ Class A Sakramaniya Bhumidhari” at lagan. It has been mentioned that as per ZA & LA act section No 171 there was no need of taking my consent for succession, as the succession automatically goes in favour of sons ( i.e my brothers)after my father death.
According to UP ZA & LA Act and Hindu succession act, What is the legal status of our rights (me and my 3 sister's rights) on this land? Can my brother alone dispose of this land to gain their money?
Many of told us that we sisters would have got equal rights if the ancestral property would have been residential, but we have no rights in it as it is an agricultural land
What is the status of law on this specially in UP? I presume the benefit of agricultural land to be distributed only in brothers (if at all there is one such rule, which i very much doubt) should be given only if they are going to use it for agriculture, isn't it?
Pls enlighten me
Sudha
Sailesh Kumar Shah
(Expert) 07 December 2011
Your brother is absolute owner of agricultural land. You have no legal right on it. Moreover, It seems you know better about succession.
prabhakar singh
(Expert) 07 December 2011
UPZA and NOT Hindu succession Act shall apply
and that is already clear to you.
