If a daughter is given dowry, she still has right to family property : bombay High Court
The Bombay High Court passed a order on 16 March, 2023.This was seen in the case of Terezinha Martins David vs Miguel Guarda Rosario Martins 89 OF 2005 and the case was presided over by Hon’ble Justice Mahesh Sonak.
FACTS OF THE CASE:
In this case a family led by four brothers and a mother that since the four daughters were given some dowry at the time of their wedding, they cannot claim any right in the family’s properties. That the four daughters were given sufficient dowry.
OREDER OF THE CASE:
The court declared that the Plaintiff has an undivided right in the same and permanent injunction restraining the Defendants from transferring or conveying the said property in any manner whatsoever to any one whosoever ever in future except with the written consent of the Plaintiff and other co-owners of the same, “To my mind, this was a slender base to non-suit the Appellant on the limitation issue. The Trial Court failed to account for the evidence where the Appellant disclaimed knowledge about the Court proceedings to which she was not a party and, of course, the transfer deed,” the judge said.Terezinha_Martins_David_vs_Miguel_Guarda_Rosario_Martins
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JUDGEMENT REVIEWED BY ARCHLA.