Daughter share
icy
(Querist) 24 August 2013
This query is : Resolved
Respected experts,
I have a small thing to clarify and need your valuable conclusion.
Dispute raised between brother and 2 sisters after death of father and mother. Sisters filed partition suit in civil court and stated that property belongs to father but whereas the property is ancestral property.
and they failed to proof it as fathers property, therefore suit is dismissed. This suit was filed in 2004 i.e before Hindu succession act 2005. Now they filed appeal in high court and it is in final hearing.
Now my question is
1. can they get the share in property bcos the suit was filed before 2005 and already lower has dismissed it. now is there any chances that high court may give judgement against lower court decree?
2. both were married before 2005 and father died in 1993 and mother in 2004?
3. in lower court they stated that it is fathers property and now in high court can they ask share based on 2005 amendment
4. actually their father has sales 2 houses and amount was kept in daughters name as their share in ancestral property, as they them self asked cash. same was given at the time of marriage.so can they ask share in remaining property?
Need experts valuable suggestion and conclusion. Thank you
Nadeem Qureshi
(Expert) 24 August 2013
Dear Querist
you can easily bear consultation fee of a Lawyer, contact a lawyer personally with all relevant documents or contact over the phone.
icy
(Querist) 24 August 2013
Thank you for your kind suggestion sir, But this is not my problem, one of my relative is facing this and he is unemployed at present, and hardly serving with 2 small daughters and wife. At this moment he is not in position to afford the fee of advocate, Therefore i wanted to help him some way.
adv. rajeev ( rajoo )
(Expert) 24 August 2013
If there was no partition during the life time of the father, then after his death being legal heirs everybody has got equal share in the property of deceased.
To answer your question it is necessary to see the plaint of plaintiff.
icy
(Querist) 26 August 2013
Thank u sir, yes it was divided during the life of his father.
