Mumbai: The Bombay High Court has given an important verdict in a property dispute. The High Court said that giving dowry does not mean that the daughter has no right to the family property. Even after giving dowry at the time of marriage, the daughter will have the right to the father’s property.
The Goa Bench of the Bombay High Court has given an important judgment in the case of ‘Terzinha Martinis David Vs. Miguel Rosario Martinis and others’. Justice MS Sonak has also quashed the deed of transfer of the petitioner’s daughter’s property to the brothers without her consent.
The quarrel between 4 sisters and 4 brothers
The court said that there is no evidence that sufficient dowry was given to the daughters. Even assuming that daughters were given a dowry, it does not mean that they have no right over the family property. This whole matter was related to a family feud. There are four sisters and four brothers in a family of 10 people. The eldest daughter had filed the petition citing a deed by which her late father had declared her as the heir to the property.
Demand to cancel the deed
The petition also referred to another deed dated September 8, 1990, through which his mother had transferred a family shop in the name of two brothers. In the petition, there was a demand to cancel this deed. Along with this, there was also a demand that the property should not be transferred to the brothers without his consent.
Brothers’ argument
During the argument, the brothers argued that the four sisters were given sufficient dowry at the time of their marriage. As such, neither the petitioner (elder sister) nor the other three sisters have any right over the shop and any property. The Court also noted that the brother had failed to prove that the sister had prior knowledge of the deed transfer.
