Agricultural land in UP

Dear client,

Dealing with ancestral property and inheritance laws in Uttar Pradesh (UP) can be a bit of a maze, especially because agricultural land follows specific state laws that differ from residential or commercial property.

In UP, the inheritance of agricultural land is governed by the U.P. Revenue Code, 2006 (which replaced the old Zamindari Abolition Act).

Here is the breakdown of how the law views your situation:

1. The Validity of an Unregistered Will
In Uttar Pradesh, the law regarding Wills for agricultural land is very strict. According to Section 107 of the U.P. Revenue Code:

A Will relating to agricultural land must be in writing and registered.

Since your father’s Will is unregistered, it generally holds no legal value for the transfer of agricultural land in UP. It will likely be treated as if no Will exists (intestate succession).

2. Can Your Sister Claim a Share?
Yes. Under the current laws, she has a very strong claim.

Equal Rights: Following significant legal shifts and the implementation of the U.P. Revenue Code, daughters (whether married or unmarried) are now considered Class-1 heirs, just like sons.

Intestate Succession: Because the Will is unregistered and therefore likely invalid for this land, the property will be divided according to the "order of succession" defined in Section 108 of the Code.

The Split: In the absence of your mother, the land would typically be divided equally between you and your sister.

3. The "Mutation" Process
When you apply for Mutation (the process of changing the name on the land revenue records/Khatauni), the Tehsildar will look for legal heirs.

If you present an unregistered Will, the authorities will likely reject it.

The Revenue Department will then default to the standard legal heir certificate, which will include your sister.