Definitely if this property is Ancestral Hindu Family Property, you being daughter also one of the Coparcener as any son of the family can claim same share in the property as the any son. The 2005 amendment in the Hindu Succession Act, 1956 has giving equal right to daughters as the sons to claim share in the Ancestral Hindu Family property. The essential issue to decide whether the said property is Ancestral in nature or not is very important & for that any property which has passed from three generation up to the present one who being the fourth generation to enjoy & claim a right over such property. In other words it has to be seen that the said property you claim as ancestral property should be acquired by your great grand father & passed it to your grand father, then to your father & now to your generation. If this being the situation in your case, you being one of the Coparcener can seek share in the property by division of the property in question.

The property has been partitioned by court and thus its status has changed to Self Acquired. Your father has left no WILL. Your father dies in 2014 and hence succession has opened in 2014 i.e. after amendment to Hindu Succession Act in 2005.

You are right that  you have equal share in property.

If anyone is trying to sell obtain injunction from court and also get it partitioned by court.

Change your lawyer and approach another lawyer well versed with such/revenue/civil matters.

But here the two laws HSA 2005 as amended and Uttranchal Zamindari and land reforms are contradictory. 

The agricultural land mutation is done by Tehsildars under the SDM and they follow the system as per Zamindari and Land Reforms Act only.

And according to UPZA AND LR ACT married daughter have no right in father property .

Pls help ! thanks in advance

 

 

It is with limited understanding on the matter:

If there is conflict between Central Act and State Act the former shall prevail.

Obtain second opinion from a competent and experienced senior lawyer well versed with local laws. 

But sir ,

Today local lawyers told me that UTTACHANCHAL ZAMINDARI ACT GOT AMMENDED IN YR 2007 AND IF YObrothers brothers are alive then if the said property is being agricultural or non agricultural then the first right goes to my mom and brothers and if the both are dead then  acc to this law property goes to my unmarried sisters and if they also died then to me .

And lawyers said you cannot claim this property until my mom and my brothers are alive acc . To Uttaranchal zamindari and land reforms ammended ( 2007 ) act .

Now kindly give your precious view that should I am applicable for hindu succession act 2005 or does the state law supercedes the central law of succession as this land is agricultural ?

And lawyers saying there is no right of you over the said above agricultural property as here state law .

Kindly give your view what should and how can i get my share ?

As per HSA you are entitled to a share in your father's share out of his ancestral property as well as you are entitled to a share in the property that was  originally inherited by your father as his share in the ancestral property.  Your brothers cannot deny allotting a share or property , they cannot legally do so, you can issue a legal notice and subsequently file a partition suit claiming your legitimate share in the property.  The Uttranchal Zamindari Abolition amendment act 2007 or anything has got nothing to do with this.  You can proceed with the partition by engaging a lawyer conversant with the property and civil matters

 

 

1.      I have posted earlier also that this is with limited understanding on the matter and that you must seek opinion from a seasoned and senior lawyer well versed with state laws and remedies that might be possible for you. The expert lawyer/law firm well versed with local laws may have a strategy to help you and get you a remedy.

 

 

 

 

 

 

2.     For the purpose of inheritance, property can be broadly divided in two categories, (i) agricultural property, and (ii) non-agricultural property. Agriculture is a State subject and agricultural property is dealt by Provincial Acts. In State of UP, it is governed by UP Zamindari Abolition and Land Reforms Act (Zamindari Abolition Act). Under the Zamindari Abolition Act, a daughter does not inherit equally with the son though the widowed mother and the widow of pre-deceased son does.

 

3.    IN view of the legislative competence of the Union and the state and in view of section 4(2) of the Hindu Succession Act, succession to agricultural property is governed by the Zamindari Abolition Act, rather by the Hindu Succession Act. This has also been held in Prema Devi vs. Joint Director of Consolidtion :AIR 1970 Alld 238.

 

 

 

4.    At the same time, there are few observations in some decisions Bishwanath Pandey vs. Badami Kaur, AIR 1980 SC 1329 = 1980(2) SCC 349 and Sellammal and others vs. Nellammal (dead) by L.Rs, AIR 1977 SC 1265=1977 (3) SCC 145 that Hindu Succession Act will override Zamindari Abolition Act and also that exclusive right to male succession may be suspended till female dependants acquire another mode of livelihood (Madhu Kishwar vs. State of Bihar, (1996) 5 SCC 125; 1996 (4) JT 379).

 

 

5.     Will daughters inherit equally with sons…………………….especially after the amendment to HSA…………………..? This is to be seen. You shall need the support of a Lawyer/law firm well versed with local laws, precedence’s……………………………..and the chances if the land use has been changed.

 

6.     You seem to have acquired good insight into your matter at your hands that is evident from your comments that the ancestral land is agricultural………………………………and this  agricultural ancestral land is now within the limits of Nagar Nigam (Municipal Corporation).

However has the land use been changed BY THE MC OR OWNERS OF THE LAND?

 

The notification that you have mentioned is sufficient to claim that it is covered within limits of MC. Moreover if required another certificate from Naib Tehsildar in o/o Municipal Corporation can be obtained against a  nominal fee………………………………….In old/customary language it is called “Hadoodi’ certificate. You can find out what is it being called at your location.

 

 

(i)   Till the agricultural land is not declared non agricultural land under section 143 of UPZA AND LR ACT, it remains the agricultural land and in such case it is governed by the provisions of Section 171 of UPZA AND LR ACT.

(ii)  Amendment to Zamindari Abolition, Land Reforms Act approved 
Tribune News Service

Dehradun, March 12
The Uttarakhand Cabinet today approved amendment to the Uttarakhand Zamindari Abolition and Land Reforms Act, allowing conversion of land bought for the sole purpose of agriculture, economic, educational, tourism and housing activities to be used for other activities by paying one-time fee.

Beside, builders would be allowed to buy land for the construction of houses according to the housing policy of the state.

Bringing further relaxation and simplifying the purchase of land in Uttarakhand, the permission of sale and purchase of land would now be granted at the level of government. A committee would be set up headed by Commissioner, Infrastructure, to study such proposals and give its recommendations in three months' time. In his absence the Principal Secretary nominated by the Chief Secretary would be entrusted with the task.

https://www.tribuneindia.com/2013/20130313/dun.htm#1}}}

 

 

7.     UPZA AND LR ACT amendment 2007 is attached. Married daughter is not mentioned in it.

 

After the amendment to HSA whether UPZA AND LR ACT :::::ultra vires ?????

 

 

 

 

Valuable advice of learned experts/members is sought.

 

 

 

 

 

 

I shall try if I can find something to help you.

Thanks very much sir ,

I got the land use of my father property from mdda here and it is R3 now but in tehsil revenue records its still going as agricultural . Does it can help me ? 

 

Pls advice !

I have the same issue, and the agricultural land falls in Ward 47 of Dehradun Nagar Nigam.

Which ward is your agricultural land falling in ?

Pls advice

Some of the publications that were persued are attached.

 

>>>>GENDER JUSTICE –  A LEGAL PANORAMA

(Talk delivered by Justice Yatindra Singh in the colloquium on ‘Gender and Law’ organised by the National Judicial Academy, British Council and Allahabad High Court at JTRI Lucknow on 14^th October 2001)[1]

 

 

 For the purpose of inheritance, property can be broadly divided in two categories, (i) agricultural property, and (ii) non-agricultural property. Agriculture is a State subject and agricultural property is dealt by Provincial Acts. In State of UP, it is governed by UP Zamindari Abolition and Land Reforms Act (Zamindari Abolition Act). Under the Zamindari Abolition Act, a daughter does not inherit equally with the son though the widowed mother and the widow of pre-deceased son does.[1] Will daughters inherit equally with sons? We have to wait and see.

Great gesture by expert Kumar Doab Ji

All the very best sir

You are welcome.

Shalini ji I am Rashmi kukreti from ward no 98 balawala same my case but I am divorce daughter as unmarried. Pls u can contact me email rishuniyal12345@gmail.com u can help me and suggest lawyer n advise can I tk my father ancestor agriculture land .pls shalini ji asap contact me