1. Mr. X buys a land iwith his self-earned capital.
2. In 1980, the land has been seized by the competent authority under The Urban Land (Ceiling and Regulation) Act 1975.
3. Mr X, opposed the ceiling citing that the comeptent authority has marked the land in Master Plan, but there there is no zonal plan or area plan due to which the use of the land has been changed from residential to urban.
4. The Ceiling Authority rejected this appeal citing that in Survey Reports the land is in residential area of Master-Plan and is therefore eligible for Urban Ceiling.
5. In 2004, the land has been returend back under Repeal Act 1999, since neither the possession was taken by the State Government nor the compensation has been paid for it.
6. Mr. X died in 1986, intestate, leaving 2 sons and 2 daughters.
7. Now when the daughters are demainding euqal rights, i.e. 1/4th, according to Section 8 of Hindu Succession Act then the sons are denying, defending themselves that it is an agricultural land, where the succession will be governed by UPZALR Act, and as such, daughters will have no right.
Questions/Queries:
(a) What is the nature of land? Can it be agricultural? Then how it has been seized under Urban Ceiling Act, and moreover the appeal for agricultural land has been rejected?
(b) When enquired in Local Development Authority, they told that it is in Urban Limits.
(c) Is it sure to be residential land and governed by HSA or should any other enquiry need to be made before proceeding with any legal action for rights of daughetrs according to HSA?
