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Arindam Adhikary (Manager)     09 June 2010

Can married daughters file for partition

Dear Sir/Madam,

I am in urgent need of some suggestions regarding issue stated below:

My grandmother dies without will, leaving behind a 3 storey house in gariahat. Survivor included her husband, three sons and 4 daughters. 3 daughters well married and live with their husbands. One daughter lives in the ground floor of the house while the middle son (my father) lives in the 2nd and 3rd floor (roof) of the house. My father maintained the house and paid tax for the for the last 20 years. My grandfather willed his share to my father before he died.

Now, the daughter who live sin the ground floor, in congugation with other daughters are trying to evict my father from the house and planning to file a partition suit.

Question: While I understand daughters have equal shares in the property, can they file partition suit and divide the property? This is the only living place my father has and the sisters are well settled. While a partition suit will divide the house that has been maintained by my father for last 20 years.


Pls advice

Best regards


 2 Replies


daughter has equal riht to seek their equal share

one of your aunt is in possession of the same house so she is in constructive possession

is your father name lies is tax receipt or ur grand father's name?

m.kupparaju (Advocate)     11 June 2010

Whether the property belongs to your grand mother or grandfather? was it their self earned property or ancestral property. If is ancestral property all the grand children will have share in the property. If the property bequethed to your father by your grand father, self acqujred property of your father, your father has every right to enjoy the property bequethed by by your grand father.  If not all the grand children have right to seek suit for family parition from the property. If your father have katha in his favour and paying property tax for the bequethed property and has got every right to enjoy his share in the property and no body can dispossess him from his property.

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