Married Daughters Share

If the property is ancestral then whoever has got married before 1956, will not get any share, those have married after that will get share in her father’s share, in absence of any will.

Is the same sister has filed for partition, who has relinquised her share in favour of her brother? Is the relinquishment deed registered?

Yes, the same sister has filed the case against her 3 brothers & deed has been registered, Talati has already forwaded the documents to further process. Phe-Far (Form 6D)also changed and registered.

Sir my mother has filed a case in 2004 for 1/4 share in the property.she has 3 brothers and after the death of their parents these three brothers executed a partition deed in 2000 leaving behind the name of the sister in docs as well as in family tree.the whole property is self acquired pty of their parents.she came to about this deed and filed a case.she got married in 1974.during the period of 2000-2004 they have sold 50% of property.2 and 3rd brother sold the whole property after 2004 after filing aa case.i.e.recent 6-10 months back.we have impleaded the names of  recent persons who has purchsed the prty.

So my question is that is she liable for share in the partition.

all pty are sold so wat will be the nxt step.

Mr/Mrs. Rameshwar, the property has become subjudice, so she may take plea that the relinquisment paper was obtained by coercion etc. so, in the suit so many things are considered, so it premature to predict anything, better wait for opinion of an expert/professional, or u may consult any good civil lawyer.

Meenaji, Off course, ur mother is entitiled for 1/4th share of that property, and she will get it, regarding sale of the ppty by ur brothers, u just inform the court and if u wish u can issue notification in local and a national newspaper, warning the buyers. Those already sold, the sale deed of the buyer will be declared null and void, so u need not worry about the sale, rather concentrate on the suit. Also in ur share court will deliver the possesion in execution. The brothers will land up in trouble.

If ur brothers have made any partition deed leaving ur mother then it is invalid and will not stand.

Also wait for opinion of an expert/professional.