Neutral Citation No. - 2025:AHC-LKO:14555-DB Court No. - 2 Case :- WRIT - C No. - 598 of 2025 Petitioner :- Sri Manoj Singh And 3 Others Respondent :- State Of U.P. Thru. Is Prin. Secy. Deptt. Housing Of Urban Planing And 4 Others Counsel for Petitioner :- Pushpila Bisht Counsel for Respondent :- C.S.C.,Ratnesh Chandra Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1. Affidavit of service has been filed by the petitioners, by which notices were served upon respondent Nos.4 and 5. The notice was sent through regular mode, but neither acknowledgement nor undelivered cover has been returned, therefore, service is deemed sufficient, but none has put in appearance on behalf of respondent Nos.4 and 5. 2. Heard. 3. The petitioners herein, who are the son and three daughters of late Shamsher Bahadur Singh, had applied for mutation of their names in respect of a property which was earlier recorded in the name of their father, with the Lucknow Development Authority by moving a joint application, which has been rejected by the Incharge Officer (Property), Lucknow Development Authority on the ground that the daughters being married, they will have to seek order from the competent Court and as the son had applied jointly with them, therefore, his claim would also be considered after the daughters obtain such an order from the Court of competent jurisdiction. This order was passed on an objection being raised by the second wife of late Shamsher Bahadur Singh, who is arrayed herein as respondent No.4, that the daughters did not have any right in the property. The impugned order refers to the legal opinion rendered by the Chief Legal Advisor of Lucknow Development Authority dated 06.11.2024. Relevant extract is quoted in the impugned order and based thereon, the same has been passed. 4. The facts of the case in brief are that late Shamsher Bahadur Singh had two wives. The petitioners herein are born from the wedlock of late Shamsher Bahadur Singh and his first wife, as claimed. There is a son from the second wife, who had in fact filed objections resulting in the impugned order. We do not know as to how far the second wife admits to the first marriage etc., but we do not wish to enter into that controversy for the simple reason that the order as it stands cannot be sustained. As per Section 8 of Hindu Succession Act, 1956 read with the Schedule Class 1 heirs include daughter. No distinction has been made between a married and an unmarried daughter so far as succession under the said provisions is concerned. As of now, it is not in dispute that the petitioners are Hindus and late Shamsher Bahadur Singh was also a Hindu, nor it is mentioned in the impugned order. Even if any marriage is disputed, the progeny will still have a right in the estate of the deceased father unless there is any dispute as to the very relationship of father with children, but that is not mentioned in the impugned order. 5. On being confronted, Shri Ratnesh Chandra, learned counsel for Lucknow Development Authority fairly submitted that a fresh decision can be taken in the matter. 6. We are of the opinion that opinion rendered by the Chief Legal Advisor dated 06.11.2024 and the order based thereon is not sustainable. The order is quashed and now the joint application of the petitioners shall be reconsidered by the competent authority and fresh order shall be passed after hearing the affected parties and considering their objections, if any. Let a fresh decision be taken at the earliest say within two months, unless there is any legal impediment. 7. With the aforesaid observations/ directions, the present writ petition is allowed. (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 10.3.2025 Gurpreet Singh Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad, Lucknow Bench