Married daughter has no share in agricultural land in UP
2) nominee is trustee for legal heirs
3) your sister is not absolute owner of the other properties
4) file suit for partition to claim share on other properties
Agricultural land Uttar Pradesh
My father had agricultural land in uttar pradesh. He died without will. My mother and I unmarried daughter applied for mutation. But my married sister objected and stopped mutation. We were told that married daughter name was not added. However after a month my mother pqssed away and now my married sister keeps visiting tehsil and meets all officials regularly. She threatens me asking me to give her land or she will go to court. I asked tehsil what happened to our mutation. They said now mother's name will not come . And even though law says there married daughters don't get share the officials are telling me that she will get half of the land. She has already snatched my father's entire bank money without giving me and my mother any share apart from other properties snatching from me and my mother in the past. She has completely snatched my mother's share from this land. Her last wish was asking me not to let her snatch land. Pl inform does married daughter claim equal share in agricultural land and how my mother's share can be stopped from her snatching. The part of this land already sold was kept as fixed deposits of father which elder sister gt via nomination without giving me and mother anything. Another flat was bought also from this money and there also sister is getting half share outrighing my mother since she is dead. Some say UP zamindari act is applicable and so married daughter will not get share. Some say supreme court order is latest that married daughter will get agricultural land also. Pl advice.
Asked 4 months ago in Property Law
Religion: Hindu
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14 Answers
In Uttar Pradesh: married daughters in Uttar Pradesh do not have the same inheritance rights as unmarried daughters when it comes to their father's agricultural land:
Uttar Pradesh law stated that unmarried daughters could inherit their father's property, but married daughters could not. This effectively forced daughters to choose between marriage and inheritance.
Earlier even unmarried daughters were not having equal rights in the agricultural land at par with sons.
The state adopted the U.P. Revenue Code, 2006, which gave unmarried daughters the same inheritance rights as sons, but weaker rights to married daughters.
Now that the Uttar Pradesh law provides that an unmarried daughter stands to inherit a share of her father’s property and loses that standing when she marries, it effectively becomes a question of choosing either marriage or land ownership. Also, this difference in treatment may encourage her brothers to desire that their sister marry at the earliest possible opportunity, so that she will not compete with them for inheritance.
Dear Client,
As per your concerns regarding the agricultural land in Uttar Pradesh and your married sister’s actions, let me clarify your legal standing under Indian laws. Firstly, according to the Hindu Succession Act of 1956 with amendment in year 2005, the rights of the married as well as unmarried daughter regarding their father’s property including the agricultural one are identical. Due to UP Zamindari Abolition and Land Reforms Act, 1950, in Uttar Pradesh married daughters were not allowed to take agriculture land but Supreme Court of India in recent judgments has clarified that daughters also are co-heirs and thus entitled to equal share in ancestral property. Thus your married sister does have your right to the agricultural land. As for your mother’s share, since she died intestate, this share of the property will now go to legal heirs which are you and your sister. However, as far as the existing legislation which governs the property rights in the country concerns, your sister has the legal right to also stake a claim over the share of your mother’s portion. The same can be said for the other assets like the flat and fixed deposits, for nomination in your sisters favor legally entitles her unless of course a civil lawsuit is filed against the nomination.
In my opinion, you should object to mutation proceedings and if needed file a partition suit in the civil court to protect your share in the said property. In light of these issues, it is essential to contact a competent lawyer immediately to protect your inheritance from your sister and manage with any unjustified misuse. Please seek further legal advice from a property lawyer as regards to the actions that should be taken especially in compiling evidence, filing for claims among other matters.
I hope this perspective adds value to your considerations. If you have any further queries regarding this matter, do not hesitate to contact us again.
Dear Madam,
Nomination does not create any rights on the amounts received by nominee after the death of the account holder. Thus, you are also entitled for 50% of such amount. You have to check local law especially UP zamindari Act about your share in the agriculture land. As per general law you are entitled for equal share along with your married sister.
Pl inform whether via UP zamindari act married daughter will get share or supreme court latest judgement will hold. It is agricultural land self acquired not ancestral.
Asked 4 months ago
What is supreme court judgement and does it override the zamindari act There no married daughter is given share except this one
Asked 4 months ago
As far as UP state is concerned the supreme court judgement has not over rules the state act.
The state act clearly states that the married daughters are not entitled for a share in the agricultural property.
The supreme court judgement didn't override the state laws.
The state adopted the U.P. Revenue Code, 2006, which gave unmarried daughters the same inheritance rights as sons, but weaker rights to married daughters.
Now that the Uttar Pradesh law provides that an unmarried daughter stands to inherit a share of her father’s property and loses that standing when she marries, it effectively becomes a question of choosing either marriage or land ownership.
Under UP zamindari act married daughters do not have any share in property in UP
Under the Hindu Succession Act 1956, both sons and daughters have an equal right in their father's self-acquired and ancestral property. The 2005 amendment to the Act ensures that daughters have equal coparcenary rights as sons in ancestral property
2) The Indian Constitution provides that agricultural land is a state subject and the states are, therefore, empowered to formulate their own laws regulating use of agricultural land
3)In July 2019, the Uttar Pradesh Cabinet approved an amendment in its Revenue Code to expand the rights of unmarried daughters to inherit agricultural land.
4) Uttar Pradesh and Uttarakhand are the only states that differentiate between the rights of married daughters and unmarried daughters
1. Daughter, irrespective of her marital status, whether married or not, is treated as coparcener and is entitled for equal share on par with other legal heirs.
2. The Hon'ble Supreme Court judgement overrides the U.P. Zamindari Act.
3. Even if it's self acquired property and in view of intestate death of your father, the property devolves equally to your paternal grandmother (your father's mother -if alive), your mother -since she is dead no share, and their children, i.e., in the instant case, you and your sister. In the instant case fifty percent undivided share to you and fifty percent undivided share to your married sister .
It is confusing when some lawyers say UP zamindari act will hold while some say supreme court judgement will override it. For the same matter Only one of them holds. Which??
Asked 4 months ago
in UP there are specific provisions in the Revenue code wherein married daughters have no share in agricultural land .provisions of hindu succession act are not applicable to agricultural lands in UP
In 2006, the State of Uttar Pradesh repealed several obsolete laws and adopted the U.P. Revenue Code, 2006. As per the new provisions, an unmarried daughter receives the same inheritance rights as a son, but a married daughter receives weaker rights
The latest amendment to the inheritance law was already furnished in my earlier posts.
If you go through the supreme court judgement, it can very well be seen that it has not overridden the state laws in this regard.
The latest amendment to state law is once again appended below
The state adopted the U.P. Revenue Code, 2006, which gave unmarried daughters the same inheritance rights as sons, but weaker rights to married daughters.
The Hon'ble Supreme Court judgement is supreme and it supercedes ,/overrides U.P. Zamindari Act.
- The Uttar Pradesh Zamindari Abolition and Land Reforms Act did not recognize daughters (especially married ones) as co-heirs to agricultural land in the same way as sons.
- However, after the 2005 amendment to the Hindu Succession Act, this has changed , and now the daughters have equal right over the deceased father property including the agriculture land.
Dear Client,
On the question of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 Supreme Court decisions shall override the Act where there is conflict. The Supreme Court has the power to explain the meaning of the laws and provide guidelines that all other courts must follow. For example, there are decisions like Mithlesh Kumari v. Fateh Bahadur Singh defines some aspects of Zamindari Act, thus proving the power of Supreme Court. Hence, although the Zamindari Act and Supreme Court decisions are relevant, where there is a clash, the Supreme Court ruling takes precedence. I suggest that you to have a consultation of a lawyer for a definitive answer based on the case law that applies to your situation.
Hope you find this answer suitable for resolving you query.