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Married Daughters Right In Agriculture Land In Uttar Pradesh.


14-Aug-2023 (In Property Law)
As per Hindu Succession Act (2005) amendments , Married daughters are given equal coparcenary  rights at par with sons in ancestry or Father property ,whether it is House ,Land or Agriculture land property. In one instance in Uttar Pradesh(UP) ,after the death of father , Parivarik sadasyta was shown including Widow Wife, sons and married daughters but in land revenue records only Widow wife and sons name were recorded. Married daughters name were not recorded in land revenue records. After that land has been sold by a widow and his sons. Married daughters had been deprived of their rights in agricultural land. I want to know in light of several landmark reforms and judgements by Honorable Supreme Court for providing equal rights in Hindu Succession Act (2005) and in subsequent rulings ,whether there had been any injustice done to married daughters in agricultural land. If so what could have been remedy for such a scenario.
Answers (4)

Answer #1
129 votes

It appears that there may have been a violation of the Hindu Succession Act (2005) in the case you have described, as married daughters are entitled to equal coparcenary rights in ancestral property along with sons. Despite being included in the Parivarik sadasyta after the father's death, the married daughters' names were not recorded in the land revenue records, resulting in them being deprived of their rights in the agricultural land.

Several landmark judgments by the Honorable Supreme Court have upheld the equal rights of daughters in ancestral property. In Prakash & Ors v. Phulavati & Ors (2016), it was clarified that the 2005 amendment to the Hindu Succession Act applies retrospectively and that daughters have equal rights in ancestral property even if their fathers died before the amendment.

In this scenario, the married daughters could have approached the court to seek remedy for the injustice done to them. They could have filed a suit seeking a declaration that they have equal rights in the ancestral property, including the agricultural land, and also sought an injunction to prevent the sale of the land until the dispute is resolved.

It is advisable to consult with a lawyer who specializes in property law to get a better understanding of the legal options available in such cases.


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Answer #2
817 votes
the judgment given by the supreme court applies only in case of ancestral property and if the property was self acquired by your father then it will not come within the above stated judgment moreover if your father died intestate then you, being one of the legal heirs, have equal right in agricultural land too.
Answer #3
820 votes
As per recent Act, it is not possible that the new executed sale deed becomes null and void.

however you are free to claim certain percentage of the last sold land.

this is the possibility only with respect to your factsm

for more you may contact me

Answer #4
192 votes
Yes,Definitely. According to the Supreme Court of Indias order dated 11th august 2020 and section 6(1) of Hindu Succession Act, 1956 daughters are entitled to equal shares in ancestral property as sons. This includes retroactive effects, but also certain restrictions.
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