You cannot get equal right in properties now
2) terms of settlement are binding upon you
Can I get my equal wright now.
We are 4 sisters & 1 Brother, In the year 2005 one of our sister demanded her shier from the property to our Father ,Mother & Brother. .At that time Our Parents, had done Partition in the Court, in which, at that time along with my 3 Sister ,I have also agreed to take a very Small Piece (say 3%) from the property.& we have compromised. My father, Mother & Brother have taken 90% of the property & remaining 10% of Property divide amoung us. Now I am in very much need of funds, but My Brother ,father are not looking towards me . I want to ask you that Whether, now Can I request to any court for the equal rights? Can I get my equal wright now. (We have all ready taken 1 Plot as per the order of the court) Thanking You. Yours Faithfully Vijay S. Nandurkar. Mob. [deleted].(Whatsup also)
Asked 7 years ago in Property Law
Religion: Hindu
5 Answers
Can we go to the High Court for oue Equal Right, & will we get it or Not?
Asked 7 years ago
Filing suit before HC would be waste of time and money
2) 11 years have passed since settlement was arrived st
3) you would not get any reliefs from HC
If a consent decree was passed by the civil court in the partition suit, to which you were a signatory, the decree has now attained finality and is unappealable. Your rights now flow out of the consent decree passed by the court.
There are lot of question to be answered in this::
whether it was your father's self acquired or own property?
If not, then, whether it was ancestral property?
If self acquired property,then nobody has any share in it and the partition agreement or family arrangement done by your father is very much valid owing to a distribution of his property by your father as per his own will and wish, you cannot dispute this nor you can claim any extra share other than the allotted one citing any reason, it will not be maintainable.Also, since you have agreed to the decision by court that time, you cannot raise any objection to it now nor any appeal in this regard is maintainable.
If it was ancestral property then if you were married before 2005 then you may not be entitled to any share out of your father's share in it.
Instead of thinking of any legal option you may talk to your father directly and make him to allot a few more property which shall fetch you the desired result.
Can we go to the High Court for oue Equal Right, & will we get it or Not?
There is no eligibility for a share itself hence the claim for an equal share is not maintainable nor tenable in law.