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Gouri Shankar (Marketing Exe.)     23 November 2011

Ancestral agricultral property in west up, daughter rights?

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.
What is the legal status of our rights (me and my 3 sister's rights) on this land? Can my 1 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

Thanks in advance



Learning

 1 Replies

Advocate Vishnu (Advocate)     23 November 2011

Dear gowri shankar,

The propety division will happen as follows.

Grandfather( full property = 1)

Second generation =[father(1/3)+ brother(1/3) + brother(1/3)]

Third generation , since there are 5 legal heirs survived by your father , each of you are entitled to 1 share from your father's share.

As per the section 6 of amended Hindu succession act of 2005,even daughters have equal right in coparcenory property.- which makes you a co-owner in the agricultural land.

Pl file a partition suit , before the property is alienated(sold) , to secure your rights in your grand father's property.


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