seeking for for position when the partition suite is pending in the highcourt

Ravinder reddy K (Querist) 14 November 2013 This query is : Resolved
Hi,
we have ancestral property and a part of that has been divided equally to three members(2 brothers & 1 sister).

In order to claim the equal share on whole property sister filed a partition suite and the same has been dismissed lower court again she approached the High court. The case is pending now.

The whole property is in the position of brothers only till now.
For the partly divided property revenue records has been changed accordingly and the sister doesn't hold the title deed pattedar passbook for her share. The divided property is also in the position of her brothers only.

My query is, is the sister has any rights to claim for the position of her share on the partly divided property as her appeal is pending in the high court and don't has any title-deed passbook.

Kindly help me out with your valuable suggestions.

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R.K Nanda (Expert) 14 November 2013
SHE HAS LEGAL RIGHT TO CLAIM HER SHARE IN SAID PROPERTY.

Ravinder reddy K (Querist) 14 November 2013
How can the brothers restrain her getting the possession.
Any Suggestions from your end for brothers.
Partition suite filed by her is pending in high court and doesn't has the title deed passbook issued by the Revenue department.

BAALASUBRAMANNYAMM (Expert) 14 November 2013
Your question is not properly under standing. But any how convert you as applicable.
(1) if you have already partitioned a part of property, which was not covered under the said suit, your sister has every right to record her name in revenue records and thereby get pattedar pass book and title deed.
(2) If a partition suit was already made and it was partly allowed and as such some extent of share has been allotted to your sister and thus an appeal is filed and it is pending before the High court, is a separate issue.
Since your sister is challenging the decree, passed by the lower court, now your sister is not having right to claim her share, as the appeal is pending.