In state of Uttar Pradesh, Mr. X bought a land as "agricultural" (through registered sale deed) in 1966, the land has been recorded as "agricultural" in the revenue records of the state. Mr. X was entitled as “owner with transferable rights” (Sankarimaya Bhumidhar), as defined in U.P.Z.A.L.R. Act. In 1980, the land has been seized under Urban Ceiling Act, to this Mr. X raised objection defending the seizure that the land is agricultural but the Competent Authority has rejected this appeal saying that: (a) the land has been surveyed as “residential land” (b) It is residential in the Master Plan/Zonal Plan (c) No agricultural activity has been done on it. And as such the land has been seized under this act. In 1986, Mr. X expires, intestate, leaving behing sons and daughters. In 1986, the sons got their names mutated in the revenue records as successors according to suucession rule of UPZALR Act After Ceiling Repeal Act, the sons made a request for the return of land since no possesion was taken by the State, nor any compensation was given. In 2004, an order was passed to change the owner name from locald development authority to that of the prayee, i.e. three sons. It was done so. The land is still recorded as “agricultural” land in Urban records. In 2012, the daughters have served a legal notice to the sons demanding their equal right in this land, as the succession is entitled accroding to Section 8 of Hindu Succession Act The sons have not replied to the legal notice, however they have filed a Caviet in the District Court. The daughters gain served a legal notice in February 2016, In December 2016, the daughters have filed a litigation in the Court of Civil Judge demanding partition and immediate injunction over transfer of right. After filing the Civil Suit, summons have been served to the sons, the sons deliberalely did not receive the summon and on each date the hearing was postponed considering insufficient service. In April 2017, the sons have executed a sale-deed of the land as agricultural land and paid stamp duty as such. In July 2017, the court order newspaper publication now a lawyer from opposite party has appeared and the suit is in process of hearing. In the meantime, a complaint was made with Stamp and Registration Department and an enquiry was made by ADM (Finance and Revenue). In his report he stated that the land is completely residential and no agricultural activity has been done on it ever. Moreover its a case of less stamp duty as needed. QUERIES:- 1.When in 1986 the land was vested with the state (as seized under Ceiling in 1980) then how the name of sons could be mutated at that time? 2.When the land has been seized in Urban Ceiling how the mutation was made as per UPZALR (for agricultural land)? 3. What is the nature of land as far as succession is concerned? Is it to be treated as agricultural land, or residential land and on which ground? (No declaration done u/s 143, is Urban ceiling sufficient?
