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Ashokkumar Mehta   13 February 2016

Wrong affidavit by father


We are natives of Gujarat presently posted in Uttar Pradesh. In my wife's family, she has two younger brothers (both are married), father & mother. Both her father and mother are alive. They have around 60 bighas land in Surendranagar District. By default, my wife is the legal heir of her father's property. We have good relations with her father & mother and we are not on spoken terms with her brothers.

Recently we came to know that my wife's brother has convinced her father to make a false affidavite. In this affidavite, her father has claimed that he has only two sons and no daughter leaving out my wife's name. Apparently this was done to dispose of my wife's claim in proerty. What was more shocking was that her father had also agreed to do such affivate. They had not informed by wife regarding such things. But through other sources, we came to know such type of affidavite. 

My question is What is next course of action for us for above ?  We expect an expert opinion on this.





 2 Replies

jagannath magar   13 February 2016

If the property is ancestral your wife has right by birth. If there is apprehension of disposition of ancestral property your wife can file suit for partition or permanent injunction

kavksatyanarayana (subregistrar/supdt.(retired))     13 February 2016

if the property is self acquired  (owned) by your father he can do as he wishes. but it is an ancestral, then you have a right for your share in the property.  for false declaration by your father, it may be a mistake and he realises it then your father have to issue a fresh affidavit.

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