Civil Procedure Code (CPC)

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discography (none)     02 June 2012

Indian christian - girl right to parents property

Dear Sir,

I write on behalf of my wife, who wants to understand her right to her fathers property.  Her father has expired and her mother is the current owner.  She has a younger sister and a younger brother, both married.  The brother is losing a lot of money in business and selling away the property one after another, almost half of it (land) is sold and he is trying to sell the other properties on the pretext that the loss is huge.  

Earlier my wife signed a no objection document for one such sale, howerever half the property is still there.  She hasnt recieved a single penny from the sale.


I request you to help me understand, what could be her share out of the remaing property which is land and 2 old buidings (prime properties).


Warm regards

 6 Replies

M.Sheik Mohammed Ali (advocate)     02 June 2012

first you clear that above said property is either self earned property or ancestral property ? if self earned of the deceased any one not have rights to ask the mother have full rights, if ancestral property can ask legal heirs all.

Adv Archana Deshmukh (Practicing Advocate)     02 June 2012

Yes she has equal share in the property along with her siblings.  The mother has 1/3rd share. She can file a suit for partition and claim her 1/3rd share in the remaining 2/3rd property.

discography (none)     02 June 2012

Dear Madam, 

Many thanks for the response, however the gentle man above has a different opinion.  But what you said is in my wifes favour, Please could you help me how to approach to a solution, where relationship is not hurt and at the sametime my wife gets her dues.


Warm regards.

discography (none)     02 June 2012

Dear Sir, 

Madam below has a different view.  Please clarify.  The property is earned by my wifes father hw has expired.


Warm regards

Adv Archana Deshmukh (Practicing Advocate)     02 June 2012


Your query is in respect of law applicable to Indian christians and not hindus so I have replied accordingly,

Plz go through S. 33 of Indian succession act,

If you do not want to hurt relations by going in court then, seek interferance of relatives who would mediate and talk to her mother and brother and bring about some sort of settlement which is agreeable to all.

discography (none)     02 June 2012

Thank you so much Mam,

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