Rejection of suit under which order of cpc
subhash chandra
(Querist) 23 February 2016
This query is : Resolved
sir kindly tell me under which order or rule of cpc the following suit may reject. in view of suprem court jugement right of a daughter in parental property in Prakash vs phulvati devi 16.10.2015
Father died on 20.07.1997
suit filed in 2010. partision in 10.01.2004 by order SDH court 2003.
please sir suit attach in file with it
Sir
A suit filed in ADJ court by my sister , her demand are followed.
1. i have 1/7 th part in my parental property(land).
2. she has state that my brother & mother
had open NAMANTRAN( devolution) om their own name & not in my name.
3.mother had sold his part to his one son
and registred in ragisterar office.
4.After selling his part to his one son.She filled case that she has not empowered 1/6 th part to sell.
5.Partision has been completed 01jan 2004.
6.she had demanded that registered letter of selling her part of land is against of my right therefore it must be cancelled.
My facts
1. my father had died on 20.07.1997.
2.partition of land on 01.01.2004.
3.she has no right in parental propety
according Hindu sce.Act 1956. it means she cannot be coparcener in parental property .
4. Daughter have given right to become coparcener in hindu sce.Act (Amendment) 2005.
5.suprem court dated 16.10.2015 in Parkash Vs phulwati case has given jugement that daughter and father must alive on 09.09.2005 to become a coparcener as male
MY QUESTION IS THAT SHE HAS NO RIGHT IN THIS PARENTAL LAND.
I WANT TO KNOW THAT HOW CAN I SAY TO COURT UNDER WHICH SECTION I FILE APPLICATION FOR REJECTION THIS SUIT .
FOR REJECTION
7.KINDLY TELL ME AIR EDITION IN WHICH
SUPREM COURT JUGEMENT dated 16.10.2015 in Parkash Vs phulwati case HAS PUBLISHED
P. Venu
(Expert) 24 February 2016
What is your real-time query?
subhash chandra
(Querist) 24 February 2016
sir kindly tell me under which order or rule of cpc the following suit may reject. in view of suprem court jugement right of a daughter in parental property in Prakash vs phulvati devi 16.10.2015
Father died on 20.07.1997
suit filed in 2010. partision in 10.01.2004 by order SDH court 2003.
please sir suit attach in file with it
Sir
A suit filed in ADJ court by my sister , her demand are followed.
1. i have 1/7 th part in my parental property(land).
2. she has state that my brother & mother
had open NAMANTRAN( devolution) om their own name & not in my name.
3.mother had sold his part to his one son
and registred in ragisterar office.
4.After selling his part to his one son.She filled case that she has not empowered 1/6 th part to sell.
5.Partision has been completed 01jan 2004.
6.she had demanded that registered letter of selling her part of land is against of my right therefore it must be cancelled.
My facts
1. my father had died on 20.07.1997.
2.partition of land on 01.01.2004.
3.she has no right in parental propety
according Hindu sce.Act 1956. it means she cannot be coparcener in parental property .
4. Daughter have given right to become coparcener in hindu sce.Act (Amendment) 2005.
5.suprem court dated 16.10.2015 in Parkash Vs phulwati case has given jugement that daughter and father must alive on 09.09.2005 to become a coparcener as male
MY QUESTION IS THAT SHE HAS NO RIGHT IN THIS PARENTAL LAND.
I WANT TO KNOW THAT HOW CAN I SAY TO COURT UNDER WHICH SECTION I FILE APPLICATION FOR REJECTION THIS SUIT .
FOR REJECTION
7.KINDLY TELL ME AIR EDITION IN WHICH
SUPREM COURT JUGEMENT dated 16.10.2015 in Parkash Vs phulwati case
