The Goa Bench of the Bombay High Court ruled that a daughter does not lose her right to family property just because she received dowry during marriage.
The case involved Terezinha Martins David, the eldest daughter in a family of 10. She challenged the transfer of a family shop to her two brothers, which was done without her consent. Her father, Antonio Martins, had earlier named her as a legal heir through a succession deed.
She requested the Court to cancel the transfer deed from September 8, 1990, and stop her brothers from selling or transferring the property without her approval.
Her brothers argued that all four sisters had received sufficient dowry during marriage and that the shop was part of a business partnership, meaning the sisters had no right or share in it.
However, the High Court disagreed. Justice MS Sonak said that even if dowry was given, that does not cancel a daughter’s legal right in family property. The Court also pointed out that there was no clear proof that an oral partition had taken place or that the sister knew about the transfer earlier than claimed.
The Court relied on:
- Article 59 of the Limitation Act: The suit was filed within the 3-year limit after the daughter learned about the transfer.
- Article 1565 of the Code: Property can’t be sold to one child without consent from others.
- Article 2184 of the Code: Oral partitions are invalid; partition of immovable property must be in writing.
- 2012 ruling (Pemavati Basu Naik v. Suresh Basu Naik): Parents can’t sell property to children without consent from all children.
The Court also criticized the defense that the property was part of a partnership, calling it a weak argument to avoid legal rules.
In conclusion, the Court ruled in favor of the eldest daughter, stating her right to the property remains intact and the transfer made without her consent is null and void.
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