Daughter share in father's property.

Atul (Querist) 01 November 2012 This query is : Resolved
Sir,
DAughter "A" 's father has filed a case against "B" for recovery of benama for a Property of Rs. 25,00,000/- & the Suit Value was Rs. 1 Crore, Leaving behind Rs. 75 Lacs with other legal heirs, Now Court calls "A" for the suit as one of legal heir, Can She claim her share also in Rs. 75 Lacs from other legal heirs under same suit as the court fee has been paid by her father on Rs. 1 Crore as well as share in Rs.25 lacs from defentents?
Thanks in Advance.

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Sankaranarayanan (Expert) 01 November 2012
ask directly not by assumption.

Atul (Querist) 01 November 2012
Sir, could not understand what do you want to say? Sir, this not the assumption it is facts.

V R SHROFF (Expert) 01 November 2012
yes, she can claim . She can also counter claim all relief in 1 cr property.

Sankaranarayanan (Expert) 01 November 2012
then who involved in this transaction, it is yours .? Who is B ? who all legal heirs ? how relation with him ? how much share got the A ?

Atul (Querist) 01 November 2012
Sir, "b" the person who has taken the benama & did not transfer his property to "A" 's father. She has 5th share in her family after her father's death.

Sankaranarayanan (Expert) 01 November 2012
good that details you need to explain while ask the ideas, so she has eligibility to get it

Atul (Querist) 01 November 2012
CAn she claim in Rs. 75 lacs from other legal heirs in that suit itself , as full court fee her father paid on Rs. 1.crore, and not requires to file separete suit for Rs. 75 lac against other legal heirs?

Atul (Querist) 01 November 2012
Can she file application for permanent injuction for Rs. 75 lacs in same suit against other legal heirs ?

V R SHROFF (Expert) 01 November 2012
yes, she can get injunction order.
But not permanent. It will be pending hearing of the suit.

Atul (Querist) 01 November 2012
can she file APPLICATION U/O XXXIX RULE 1 & 2 R/W SECTION 151 CPC FOR GRANT OF EX-PARTE AD INTERIM INJUCTION against other legal heirs in respect to protect her share in Rs. 75 lacs?

Raj Kumar Makkad (Expert) 02 November 2012
Yes. she can file such application as desired to restrain other legal heirs to claim such amount/

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