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Vaibhav Pandiya (Director)     27 November 2015

Daughter Right in Self Acquired Land

� Mr. X bought a land (by his own earned income) in the state of Uttar Pradesh �in 1980, the land has came under Urban Ceiling Act. Mr. X died WITHOUT WILL in the year 1985, and the land was free from ceiling and returned back in the year 2004. Mr. X has 3 sons A, B, C and four daughters D, E, F and G (all married). The land was mutated in the name of sons A, B and C. Till date there has been no partition of the land, by any court decree or registered deed. Now when it comes to about right of the daughters in the land, the sons are telling them that it is an agricultural land and governed by UPZALR Act (and not by Hindu Succession Act) where the married daughters have no inheritance. � My doubts are: (a)�If it was an agricultural land then how the Urban Ceiling Act was applicable to it? � (b)�As of today, the land is located in the area of Nagar Nigam, with elected corporator, still is it possible that the land use be agricultural? � � (c)�The main motive of Section 171 of UPZALR Act (Line of Succession) seems to emphasize on the protection of income and cultivation of land done by Hindu undivided Family. (i)��So in this case can the sons use the agricultural land for residential purpose/commercial activity? (ii)�If the sons have never been engaged in any agricultural activity then also will the land be governed by the norms of agricultural land? (iii)�Do the sons have the right to sell the agricultural land for the residential/commercial purpose and if so then wont the daughters have inheritance in this land now, according to Hindu Succession Act 1956. As the land is no longer intend to be employed for agricultural activity thereby giving the livelihood or/and regular income to the undivided family, which forms the basis for the line of succession in UPZALR Act. � (d)�Suppose if in case, still the land use is agricultural, so can the Hindu Succession Act overrides Section 171 of UPZALR Act, especially in the event of fragmentation of land; �sell of land for commercial/residential purpose or in case of the share of widowed daughter of the deceased father? I hope that you will give due consideration and advice appropriately. Thanks a lot for your valuable time and consideration.


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 2 Replies

Kumar Doab (FIN)     27 November 2015

Agriculture is a state subject.You are right that UPZALR Act does not award right to married daughters. The matters under the Act are placed before revenue officers/courts in UP.

I have participated in discussion on similar queries.

How are you connected with this matter?

Vaibhav Pandiya (Director)     28 November 2015

Thanks Mr. Doab for your valuable consideration. I will be more than glad if you throw some light on the queries mentioned in the topic. I am the son of one of the daughters of the deceased.

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