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manu (advocate)     12 February 2010

partition

sirs,

i am appearing for plaintiff in a suit for partition. the property is a joint family property. admittedly there was a previous partition to which my client was neither made as a party nor allotted to any share. now the defendant has put his appearance and taken the defence that before the partition the consideration was paid to my client towards her marriage expenses on the condition that she has to give up her right in ancestral property. is it a valid defence? my client has not given anything in writing relinquishing her right in ancestral property.

kindly help me with decisions.



Learning

 3 Replies

Ajay kumar singh (Advocate)     16 February 2010

No, it is not a valid defence. your clientess has every right to get her due share in the suit proprty.

Anees (manja)     16 February 2010

Any Joint family in Muslim law?

manu (advocate)     24 February 2010

thanks a lot sirs for ur timely help and enlighetening replies


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