In a property extract the name of married daughter is entered by default after the death of her father in 1983 along with her brothers.The entries are made in 1990 on the basis of affidavit filed by brothers as the will was not made. This daughter got married in 1945 and now she is also expired in 2015.As per the new sucession act amendment 2005 the father (property holder ) should be alive on 2005 for the daughters married before 1956 to have their equal share alongwith their brothers. In 1990 also she was not entitled to have her equal share as she got married in 1945.
In this case daughter,s father died in 1983 intestate.Now she is also not alive.but her sucessor son and daughter alive.My querry is i want to delete her name from the property extract without allowing her son / daughter entering their names. The original property is self earned by the father who died in 1983 and not anscestral property.What r the chances of decision coming in our favor if we approach the court as one of the property shareholder .Please advise with solid points.
