Legal Question in Real Estate Law in India

We have an ancestral property acquired by my great grand father, which is a agricultural land in west UP in Aligarh.

That agricultural land got from my grand father , to great grand father.

My grand father has 3 childern � my father and 2 brothers.

After my grand father death land transfer the all 3 brothers as joint property. My father died in 1991 and 1 Brother is also died. So. Agricultural land to their children with joint property.

Patwari add my brother name in Tehsil record in 1992, that agricultural land single account in joint property at present. It means that agricultural land Ancestral property.

After my grand father died agricultural property can not divide and my father and 1 brother died but property can�t divide yet. My father died a accidental death in 1991 and has not left any will. My mother also died in 2009, After my father death Patwari add my brother name in Tehsil record in 1992 for agricultural land , but at present agricultural land as joint property. We are 4 sisters and 1 brothers.

1. What is the legal status of our rights (me and my 3 sister's rights) on this land? Can my 1 brother alone dispose of this land to gain their money?

2. Many of told us that we sisters would have got equal rights if the ancestral property would have been residential, but we have no rights in it as it is an agricultural land

3. What is the status of law on this specially in UP? I presume the benefit of agricultural land to be distributed only in brothers (if at all there is one such rule, which i very much doubt) should be given only if they are going to use it for agriculture, isn't it?

4. Which law applicable on ancestral property?

Pls enlighten me

Thanks in advance

Ms. Radhika


Asked on 1/17/12, 1:12 am

1 Answer from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

after the amendment in 2005, even the girl have an equal right in the ancestral property of her father and fore fathers. you may see a lawyer in person along with all the relevant documents.

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Answered on 1/17/12, 2:43 am


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