Rakesh Rakesh (Officer) 22 November 2011

Rights of married daughter in parents property

My wife has three sisters and one brother .First sister is alive and married. Second is my wife . Third sister is married but expired leaving behind husband and a daughter. Fourth is brother and youngest is sister who is unmarried. My wife’s parents expired in 1983 instate leaving behind one plot in Patna , one house in Muzaffapur and agricultural land and house in village. My wife’s brother has sold plot in Patna and most of Agricultural land in village without consent of his sisters. My wife’s youngest sister has filed case against her brother for getting her share in which other sisters and inheritors and all the purchasers of the properties have been made defendents. My wife has got notice from the court. What should my wife do to protect her share of property ? If she does not do anything will her share in the property will be treated as relinquished ? What should my wife do to get her share of property ?

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3 Replies

sujit uday (lawyer) 25 November 2011

even your wife has exclusive rights over the property,go ahead and pursue the case , or if possible file a Suit for partition of the property as even married daughters have rights over the fathers property.

Rakesh Rakesh (Officer) 25 November 2011

Thank you sir for yor valuable advice. The suit has already been filed by my wife's youngest sister against her brother.My wife and her two sisters are also defendant , therefore my wife got the notice from the court. What I want to know what will happen if my wife does not do anything and does not represent herself in the court. Will her share be distributed amongst others who are fighting the case ?

Advocate Vishnu (Advocate) 25 November 2011

Dear Rakesh,

your wife will have to file a written statement and in that give support to the sister who has filed the case. It adds strength to her case and the issue can be settled early or else the case will be proceeded ex parte putting hardship on everybody.