Succession of agriculture land in uttar pradesh
Rajeev Sharma
(Querist) 11 July 2015
This query is : Resolved
Sir, my father had agriculture land in UP which was registered in his name in all legal records. However, since he was away for beginning, his younger brother was occupying the land and using it for his purpose since lest about 50 years. We are three children , self and two of my married sisters. I am unmarried and age about 65 yrs.
My mother expired 4 yrs back and my father expired last year in July 2014. Now I came to know that my uncles with the connivence of local authorities declared them self as the only legal heir and such entry was made in the land revenue record.
Now with the helpof some other local relatives, I hired a lawyer and file an application with revenue authorities requesting that the name of my uncles as legal heir be removed and my name along with name of my sisters be added.
Although on my insistence, the application has been submitted but The lawyer hired by me is insisting that in UP for succession of Agriculture land the Hindu succession act 1956 as amended in 2005 is not applicable and only Uttar Pradesh ZamindariAbolition and land reform act 1950 is applicable and thus name of my sisters can not be added and the land has to remain in my name alone.I have following questions:
1) is my lawyer is right in interpretation of existing rules for Agriculture land in UP ?
2) With the deletion of section 4(2) of HSA by the amendment, is the HSA with the amendment of 2005 will uniformly apply to all the states including UP and for all properties including agriculture land.
3) If the land is muted only in my name can I immediately make gift deed in favour of my sisters
4) Can I sale the land and gift the proceed to my sisters and their family
5) What action may be required to take physical possession of the said land.
Kumar Doab
(Expert) 11 July 2015
Your lawyer is right.
Agriculture is a state subject.
Once your land is free from all legal hurdles you may sell it and buy non agriculture at any other Urban location say in MC area and give share to your sisters.
There are many threads on similar query that you may find relevant e.g;
http://www.lawyersclubindia.com/forum/Married-daughter-rights-in-father-ancestral-agri-property-108106.asp
You may wait for advise of other experts/members.
prabhakar singh
(Expert) 11 July 2015
The opinion of your lawyer is correct.upza applies.
2.is debatable point.3&4.gift sale both possible.
Rajeev Sharma
(Querist) 11 July 2015
But as I could understand, it was article 4(2) of the HSA which excluded the agriculture land from HSA but since in amendment the article 4(2) has been deleted, all land whether agriculture or otherwise should fall under HSA. As such when I read the replies given in the thread as suggested by the respected lawyer above, it states that HSA will apply. Please re-examine and advice
prabhakar singh
(Expert) 11 July 2015
Both Union, as well as, States have the legislative capacity.CENTRAL law can speak about succession but when it comes to agricultural land, it is the State law that has last say in the matter.So if the law laid by the union subsequently stands amended by the state then only the later law shall prevail.
Rajendra K Goyal
(Expert) 11 July 2015
Agree with the expert prabhakar singh ji.
Kumar Doab
(Expert) 11 July 2015
Andhra Pradesh has brought Hindu Succession (Andhra Pradesh Amendment) Act 1986, on the statute book..........................thus the law of succession has been suitably amended so that it should be in conformity with the fundamental right guaranteed in the Constitution of India.
The state of UP may also do it one day.
Some mass movement may fetch it.
Kumar Doab
(Expert) 12 July 2015
The other mentioned by me in my 1st post in this thread is an interesting thread and you must have noted the struggle to get to knowledge of the matter.
Each discussion fetches new knowledge.
In the other thread mentioned by me it is clearly mentioned that local lawyer well versed with local state laws should be approached.
Learned Senior Expert Shri Prabhakar Singh is from UP and can advise you further on all points that you have raised, and you can benefit from the counsel of Shri Prabhakar Singh.
