Can a married daughter claim equal right to fathers property under CRP and AS when High Court Dismissed saying since Case wasnt Appealed in Lower District Court
3 years ago
Can a Married Daughter Claim Equal Rights in Fathers Property as she was Married before 2005 and she didn't file a Case in Lower Court i.e in District Court and appealed in High Court and the High Court Judge Dismissed the Case in CRP and AS Suit citing that in Lower Court it wasn't appealed and there can be no Claim since no Appeal was made in Lower District Court and so High Court cant accept the Claim and the Case were Dismissed and in this Circumstances what can we be done and how should I claim or what other Steps since the case was dismissed by the High Court in CRP and in AS, What other Steps can be taken to Claim Equal Rights in Fathers Property.
Ankur Goel @ Complete Law Shield
Responded 2 years ago
can you go to second floor from first floor without passing first floor ?
why directly filed in HC instead of civil court ?
thatwhy HC dismissed asking you to file in civil court.
you can file case in civil court.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
After the amendment in 2005, daughters have been recognized as a coparcener and her marital status makes no difference to her right over father's property. So, you can file a partition of property to claim rights over your father property.
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Daughters have been recognized as a coparcener and her marital status makes no difference to her right over father's property after the amendment in 2005. Self-acquired property will be distributed as per the father's will. However, date of birth of a daughter does not make any difference to her right over father's property, be it ancestral or self-acquired. You have to file a application for partition of property to get equal rights to the property.
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Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
Entire history of your case is required in detail.
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