We are a fourth-generation daughter from a Hindu family. Our great grandfather owns land in Uttar Pradesh, near Agra. Our family is debating dividing and registering the land in the names of my father and his brothers. Can you please clarify the following questions: <1> Is this registration of land in the name of my father and his brothers legally, correct? <2> If my father and his brothers registers in their names, then do they have the right to pass on the property as per their will. <3> If the will is made in the name of our brothers excluding us then do we have any rights in the property?
The ancestral property has to be divided amongst all the members of the Hindu joint family daughters included.
If they register the property in their names then yes they have a right to dispose it as per their will.
If you are not given a share in the property then you may approach the courts in case you want a share.
1. Yes, it is correct. After death of grandfather property is inherited by his class-1 legal heirs I.e. his sons.
2. Yes, they have every right to bequeath this property to any person of their choice.
3. No, you donot have any right in the property. However, you have the right to challenge the WILL on various available grounds.
Thank you for the replies so far , Some clarifications<1> This is an agricultural land <2> The property is not yet registered in the name of my father and his brother ...so if we have to fight for our right what is best time to fight ...now or wait till it is registered by my father and his brothers
Agricultural or urban that is irrelevant.
Demand your share right now and if they refuse then file a partition suit. Once they have registered the property in their names it will become more difficult although the right still exists. They may dispose the property.
Under provisions of UP zamindari abolition act daughters have no share in agricultural land
2)if it is not agricultural land then daughters have equal share in ancestral property
3) if land is registered in name of father and his uncles on division of property then father can execute will bequeathing his share to your brothers
4) you will have to file suit to claim your share in land on grounds it is ancestral property
Being daughter, you donot have any right to challenge nor have any right to claim the property of grandfather which is inherited by his children i.e. father and his brothers. Nature of land does not effect the right of inheritance.
Wait till land is registered in your father and uncles name
2)
Section 171 of the Zamindari Abolition and Land Reforms, 1950 Act clearly lays down that in case a male tenure holder dies then his son or his male descendants will come to inherit his rights in the holding of land. His own daughter and son’s daughter and the descendants of daughters have been excluded for this purpose
3)A married daughter has been completely excluded. If no male descendant is there, the rights of the deceased would come to be inherited even by his brothers or other male relatives but not by his own daughter. In categorical terms, the Act has preferred the brother of a deceased to a married daughter of the deceased for inheritance in tenure holding. Thus, even in a nuclear family where there is no male survivor, the married daughter cannot inherit the rights, rather her uncle has been found by our legislature in its wisdom, to be a suitable heir to inherit the tenure holding.
1. Yes, it's legally correct.
2. Your father and his brothers after registering their names will have rights to pass on the property as per their will, as the property loses its ancestral character.
3. Before registering the partitioned property in the individual names of your father and his brothers, if the WILL is executed by your father in favour of your brothers only, then at best it can only be to the extent of your father's share only because sons and daughters are coparceners. Daughters have equal share in the property on par with their brothers.
4. Better to fight now itself as one of the coparceners and not to wait till the property is registered in your father's and his brothers.
You have coparcenary right in the property. You can claim you share. Have to object now only. Will will be invalid.
Have to file partition suit.
Even though your great grandfather owned this property, in order to qualify as ancestral property then the ancestral property is considered to be property that has been held within a family for four or more generations and has not been divided or sold off.
You have not mentioned that there was no division of property by the previous generation wards of your great grandfather.
Let's assume that the properties belonging to your great grandfather was partitioned among his own legal heirs and subsequently the same is being partitioned by the legal heirs of your paternal grandfather, in that case the share of your father becomes his self acquired property hence he can distribute it to anyone of his choice subsequently and in the manner he may decide.
If your father is deciding to not allot any share in the property to you or any other daughters, the so excluded people cannot claim a share in it as a right.
Assuming you are a married daughter to your father, you cannot claim a share in your father's agricultural properties owing to the law of the state i.e., UPZLAR Act.
The latest amendment to the referred law permits the unmarried daughter to claim a share per stripes as a right, however the married daughters are still excluded from claiming a share in the agricultural; property of their father under section 171 of the act.
In this context, being a married daughter you may not be entitled to claim any share in the agricultural property of your father.
Hello,
See some kind of transfers do change the nature of property from ancestral/co-parcenary (wherein all the co-parcenary including daughters from 2005 afterwards has right by birth) to individual property (wherein all the co-parcenary including daughters do not have any right).
1. In case the property inherited (not purchased) by your great - grandfather before 1956 its an ancestral/co - parcenary property then you can claim right in that property at this time itself while he is passing property neglecting you to your father and his brothers, what he cannot do with all property.
2. In case it is purchased by your great grand - father anytime irrespective of year or inherited after 1956 it is his own property, he can deal with it in any manner he likes and you cannot raise any objection.
3. Now in case its an ancestral property in hands of your great grand - father and registered in name of your father and his brother while your great grand - father is alive the nature of property will change to individual property of your fathers wherein you cannot claim any right and they can will it to anyone neglecting you.
Registration by your great - grand father can be challenged till three years from the date registration came to your knowledge.
So you can choose your right time accordingly.
Thanks
Dear Client
1. Registration of Land in the Names of Father and His Brothers:
In India, agricultural land can typically be registered jointly in the names of family members, including brothers, if they are the legal heirs and co-owners of the property. However, the specific laws governing land registration may vary by state, so it's essential to follow the local land registration procedures and requirements in Uttar Pradesh.
2. Passing on Property as per Will:
If your father and his brothers become the legal owners of the land, they have the right to make a will specifying how they want to distribute the property after their demise. They can choose to pass on the property as per their individual wills, subject to the legal requirements for wills in India.
3. Rights in the Property If Excluded from the Will:
If your father and his brothers make wills that exclude you from inheriting the property, you may not have a direct right to the property specified in those wills. However, under the Hindu Succession Act, daughters have equal rights to ancestral property as sons. If the property is ancestral and you are being denied your rightful share, you may have legal recourse to challenge the wills and claim your share in the property.
Regarding the timing of your potential legal action:
4. Timing for Legal Action:
It is generally advisable to address property disputes as early as possible. If you believe that your rights to the property may be compromised, it may be best to consult with a lawyer and take legal action before the property is registered in your father and his brothers' names. This can help protect your interests and potentially avoid complications in the future.
- Since, it is an ancestral property , the property can be claimed by the third generation , class I legal heirs i.e your father and his brother if there is no any other legal heirs
- They can register a Partition deed for the said property in their names.
- Further, after getting the share in the said property , it will considered as self acquired property of your father , and then he will have his right to transfer the same to any of his legal heirs
- However, if no registration has taken place till now, then you can file a Partition suit before the court for claiming a share in the ancestral property.
It’s your discretion you can fight or also wait as feasible to you
