Inheritance of agricultural land after death of father Inheritance of agricultural land after death of father

2 years ago

My father passed away 2 months back. My mother is alive and we are two daughters. We have ancestral agricultural land in Kanpur. As daughters do we have legal rights over the land or it will go to my male cousin.

Anik

Responded 2 years ago

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A.Hi,
After the 2005 amendment to the Hindu Succession Act, it has been noted that daughters are also to be recognized as kartas. Apart from that,, daughters shall also be given equal claim of interest over ancestral properties as one of the coparceners.
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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
Post 2005 judgement of the Supreme Court, even the daughter has equal rights over the ancestral property of her father. So, you need to file for legal heir certificate, and then you need to file partition suit to get the property partitioned and register in your name.
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Abhimanyu Shandilya

Responded 2 years ago

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A.Yes you will have as laws have changed after 2005 and even daughters have rights in all ancestral properties of the father be it agricultural or otherwise. So, both of you along with your mother have rights in the agricultural land which you can conjointly own you can divide if you wish too.
For more clarity or any action on the property like division or filing a partition suit you can hire a civil lawyer from Kanpur.
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Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.Yes,you have legal rights over that ancestral agricultural land. Please take note that before 2005, married daughters were not entitled to get any share in agricultural land but Amendment of Hindu Succession Act in the year 2005 had removed such discrimination.

After the death of your father, your mother,you and your sister inherited your father's share in the ancestral agricultural land,each having undivided one third share.


Read a blog on Property rights of Women

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Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
In the share fallen to your father yourself and your sister and your mother get equal share. If you file partition suit it is possible to get it otherwise you may settle the matter with the help of common friends and enter into settlement deed.

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Pardeep Kumar Dhiman Dhiman

Responded 2 years ago

A.Agriculture property ke liye revenue code me procedure diya gya hai.
Aap dono agar unmarried hai tab aap barabar ke adhikar rakhte hai.
Aap married ho tab aap ko koi adhikar nhi hai.
Tab total property tumahari mother ko jaigi.
Kyon ki uttar Pradesh me unmarried daughter ko agriculture property me right die gae hai.
Hindu succession act residential property par lagu hota hai.
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Vaidehi Samant

Responded 2 years ago

A.As per Hindu Succession law you all three will have equal right and share in the ancestral property of your family if there is no will excited in respect therein and no partition has taken place of such property prior to 20 Dec 2004. Thank you.
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