Legal Advice

Who will get the agricultural land after father’s death?

Query

Who will get the agricultural land after father's death? Father holds one-acre agricultural land. He has a wife, three daughters and one son.

Advice

This agricultural land is ancestral property and your father is not its absolute owner since he has three sons and one daughter. After the amendment in the Hindu Succession Act, the daughter has become a coparcener and has an equal right in the ancestral property as the sons.

In your case, your father, his three daughters, and one son are all coparceners and have an equal right to this property. Therefore, after your father’s death, you and your three sisters will inherit the property.

Section 29-A, 29-B, and 29-C of the Hindu Succession (Andhra Pradesh Amendment) Act, 1985 provide daughters with the right to ancestral property. The Andhra Pradesh government granted this right much before the amendment in the Hindu Succession Act of 2005. Therefore, your father’s children will inherit the property after his death.

After the amendment in section 6 of the Hindu Succession Act, daughters became class 1 heirs. This amendment recognizes the daughter’s right in her father’s property. Daughters have an equal right in their father’s property along with sons. Moreover, the daughter acquires an interest in the property by birth and is protected even if the father disposes of his own interest.

Shivendra Pratap Singh

Advocate

High Court Lucknow

Ancestral property

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