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SMT. SHARIFAN BANO v SMT. JAITOON BANO & ORS - CMA Case No. 0763 of 2005 [2005] RD-RJ 889 (20 April 2005)

S.B. Civil Misc. Appeal No.763/2005 (Defect)

Smt. Sharifan Bano vs

Smt. Jitoon Bano & Ors.

DATE OF ORDER : - 20.4.2005.


Mr.SP Sharma, for the appellant.

Though the matter has been listed on office objection, but on the request of learned counsel for the appellant, the merit was also examined.

According to learned counsel for the appellant, the appellant, who is legally wedded wife of the deceased was entitled to 1/4 share in the property left by her deceased husband whereas she has been awarded only 1/8 share in the said property. It is also submitted that the daughter of the appellant has been given huge amount by giving 1/2 share from the property of the deceased-husband.

I perused the relevant law applicable to the parties as shown by learned counsel for the appellant and it is clearly provided in the schedule that in case there is any issue of the deceased then the wife will get 1/8 share in the property and in this case, admittedly, the deceased left issue and not wife alone.

In view of the above, the court below has rightly awarded 1/8 share. It will be worthwhile to mention here that the trial court also described the residuary portion of the property in accordance with law.

In view of the above, I do not find any merit in this appeal and the same is hereby dismissed.

(Prakash Tatia), J. c.p.goyal/-


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