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Law On Agricultural Law Important
Law On Agricultural Law Important
been inherited by the parents. The question is about father’s property, means parental
property, not ancestral property.
Here is the twist. In the ancestral property, the married daughter has a right for sure, no
one can deny it, but if it is father’s property, then the father can transfer it to anyone, he
can gift to to any person or organization of his wish. He can anytime find a local
lawyer out and make a will, a sale deed(agreement) or a gift deed to transfer the
property to anyone.
So as far as the daughters' right is concerned, it has already been there since the Act
of 1956, but in Self-Acquired Property of her Father dying intestate. ... There
are legal advisors saying that a daugfhter have no right in the agricultural land as it is
governed by the state law and not by Hindu Succession Act.
1) Allahabad HC has held that agricultural land is in exclusive domain of State Legislature and Parliament has
no power to enact any law in this respect
2) it has held that provisions of hindu succession act are not applicable to agricultural lands in UP
4) 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
5)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.
Allahabad HC has held that agricultural land is in exclusive domain of State Legislature and Parliament has no
power to enact any law in this respect. The agricultural property in UP is governed UP abolition of Zamindari
act. 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.
Hindu succession act will not be applicable in UP for agricultural lands, 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.
23. Thus combined reading of the preamble, Section 4 and Section 6 of the Hindu Succession Act, 1956
it is clear that the Act was applied on Joint Hindu Mitakshara property only and not on agricultural land. As
held above, agricultural land is in exclusive domain of State Legislature and Parliament has no power to enact
any law in this respect. Section 4 (2) was only by way of clarification. On its basis, it cannot be said that after
its deletion, Hindu Succession Act, 1956 suo moto applies to agricultural land. Under Section 6, (as amended)
daughters are given right under Hindu Mitakshara Coparcenary Property alone.
In UP primacy is given to male lineal descendants in the male line of descent and women come very low in
the order of heirs.
The below judgement will be of some use to you:
This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy
only. In case of any mistake, please bring it to the notice of Deputy Registrar(Copying).
Petitioner :- Archna
Respondent :- Dy. Director Of Consolidation, Amroha And 6 Others
Counsel for Petitioner :- Archna, Gyan Shankar Ojha, Manoj Srivastava
Counsel for Respondent :-C.S.C.,Mithilesh Kumar Mishra, Nitya Prakash Tiwari, A.S.G.I.
ven