Daughter's 'Good' Financial Status Can't Be Grounds To Disallow Her From Seeking Share In Self-Acquired Properties Of Her Father: Telangana HC

The Telangana High Court has held that merely because a daughter is of good financial status, it will not automatically deny her a claim in the self-acquired property of her father.

The order was passed by Justice M.G. Priyadarshini in an appeal by a brother against his sister after a partition suit was decreed in her favour. The brother had relied upon a will alleged to have been executed by their father, wherein it was stated that the sister was being disallowed from claiming a share in the self-acquired property of her father due to her good financial status. The trial court disbelieved the alleged will and decreed the suit in favour of the sister.

The High Court conceding to this view, held:

"Even for the sake of arguments, if we consider the alleged Will Deed to be genuine, in the alleged Will Deed it was clearly mentioned that since plaintiff was having a good financial status, she is not entitled for any share in the self acquired properties of her father. Merely because plaintiff is having good financial status, her right to seek share in the self acquired properties of her father cannot be denied."

It was noted by the Court that the appellant-brother raised all kinds of contradictory and self-destructive pleas before the court in the appeal.

It was first contended that the sister was given her share of the property at the time of her wedding in the form of a dowry. He contended that the respondent sought to partition ancestral family properties. Additionally, the respondent also filed a petition before the High Court praying that the will executed by his mother that had recently come into his possession be taken on record and the matter be remanded back to the trial court.

The Bench noted that there was no evidence to prove that sufficient dowry had been provided to the respondent at the time of her marriage and even if some dowry was provided it does not disqualify her from claiming a share in the self-acquired property of her father.

It also disbelieved the will alleged to have been executed by the mother of the parties. The Bench noted that the mother was arrayed as a party before the trial court and filed a written statement stating that both her children are entitled to one share each in the self-acquired property of her deceased husband. 

With these observations, the Court dismissed the appeal holding that the daughter is entitled to a share in the self-acquired property of her father.

AS 360 of 2020

Counsel for appellant: Muralidhar Reddy Katram

Counsel for respondent: M. Saleem