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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 parents expired in 1983 inestate leaving behind One plot in Patna , one house in Muzaffapur and agricultural land and house in village. My brother has sold plot in Patna and most of Agricultural land in village without consent of sisters. My youngest sister has filed case against brother for getting her share in which other sisters and inheritors and all the purchasers of the properties have been made parties. 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 ?


 8 Replies

Advocate Vishnu (Advocate)     22 November 2011

Dear Rakesh,

she will have to file a written statement. If other sisters are of the same view then she can join with them and present a joint written statement.This will save you time and money.

To protect the share of your wife, in her written statement , she can inform that she had did not have any knowledge of the alienation made by her brother and can demand that she obtains her rightful share inthe  property  of her parents.

sanjeev murthy desai (Advocate)     22 November 2011

Your wife dont have any rights with respect to the properties of your parents. As per succession after demise of your parent all the properties devolved upon his legal heirs i.e., your brothers, sisters and you. If your sister made your wife as party in the suit misjoinder of party .

Rakesh Rakesh (Officer)     22 November 2011

I am sorry for the error. Actually it is not my parents but it is my wifes parents. I am extremely sorry for the mistake . Please read My wifes parents instead of my parents.

Advocate Vishnu (Advocate)     22 November 2011

Dear Rakesh,

since your wife's parents have 5 legal heirs, each is entitle to 1/5th share in the property.The alienation by your wife's brother is illegal and void in law.The youngest sister will succeed in this suit and to secure your wife's share that you must file a written statement to that effect.


Respected Sir, My maternal grand father(late Shri Gunjeshwari) expired on 14 Jan 1985 leaving two wives A.late Smt. Paragaraji having no issue  & expires on 27 Jan 2000, B.late Smt Chandramati expires on 06 Jan 2008 leaving 05 Daughters  1.GYANMATI 2.MALTI 3.AASHA DEVI 4.KUSHLAWATI 5.SHOBHAWATI all are married.Mr Surya Narayan Mishra husband of SHOBHAWATI filed a false unregistered VARASATNAMA by name of Gunjeshwari dt 12 Jan 1985 stating all the property will transfer to his second wife Chandramati followed by to his loving daughter SHOBHAWATI & also a registered VARASATNAMA by late Mrs Chandramati stating that 2/3 of whole property to be given to SHOBHAWATI's  sons & 1/3 to the KUSHLAWATI son during her life time. First wife Late Smt Paragaraji given a registered will to GYANMATI for her share as she was fighting 1/2 share of the whole property of her husband(late Shri Gunjeshwari), where ever all the property is still in the name of Late Shri Gunjeshwari and all are ANCESTRAL PROPERTY.This case is pending in the NYAYALAYA UPPER, ZILA & SATRA NYAYADHISH, BASTI, COURT NO - 4 ,DISTRICT BASTI(U.P.) Awating for decision on 26 Nov 11. Second case is in the court of ADJ: NYAYALAYA VISHESH NYAYADHISH, E.C. ACT BASTI, for whole property. Third case for house with NYAYALAYA CIVIL JUDGE JUNIOR DIVISION BASTI(Munsif Basti). 1. Presently First daughter Smt Gyanmati is fighting for 1/2 of the whole Ancestral property which is a Registered Will by Paragraji.  2. Fifth daughter Smt Shobhawati is fighting for 2/3 of the whole Ancestral property & Fourth daughter  Smt Kushlawati is fighting for 1/3 of the whole Ancestral property which is a false will by Late Shri Gunjeshwari and a Registered will by Late Smt Chandramati. 3. Second daughter Smt Malti is fighting for 1/5 of the whole Ancestral Property of her father Late Shri Gunjeshwari. The Third daughter Mrs Aasha Devi is nt fighting the case as thinking that if Second daughter will get 1/5 share then she will also get 1/5 of the share

Sir, Actually how share will be divided at final stage (by which court i.e. District/High Court)  and all five daughters who all are entitled at what share of their father's Ancestral Property as case is pending since Late Shri Gunjeshwari death.


Advocate Vishnu (Advocate)     22 November 2011

Dear JaiKrishna Kumar pandey,

What is the nature of your maternal grandfather's property...? ( self acquired- bought out of own earning or received from a previous partition or inherited the said properties)


Respected Sir, The said property is from his father's share i.e. PATRIC SAMPATTI.

Advocate Vishnu (Advocate)     23 November 2011

As the property was obtained from partition, the claim made by smt.malti is right. All the legal heirs are entitled to only 1/5th of the property  of their father. If the same subject matter is pending before multiple courts, it amounts to res-subjudice under section 10 of CPC. I think it is important for smt.malti's legal counsel to bring this fact before the court and seek stay in other courts which do not have proper jurisdiction to try the issue.

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