Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----S. 42---Suit for declaration---Dispute over inheritance share---Appellant (sister) claimed that their deceased-father left behind certain properties, distribution agencies, stock in trade and Bank balance, which her brother (respondent) managed to get transferred in his name through forged documents, thus, denying her of her fathers inheritance; held, that out of the various properties and assets held by the deceased-father the distribution agencies admittedly came to be terminated upon his demise, whereas the inventory/stocks in trade were, as claimed by respondent, sold by the widow of the deceased---Nothing was suggested on behalf of the appellant during the cross-examination of respondent to refute such claim of the respondent---Neither had the appellant disclosed the source of her information that the stocks were sold by respondent and not by the widow, nor had she been able to establish the amount for which the stocks were sold---Shop wherein the said inventory/stock in trade was kept was admittedly owned by the widow and according to the respondent was sold by him on the instructions of the widow for a certain amount, which he paid to her---Nothing to refute such claim was suggested on behalf of the appellant during the cross-examination of respondent---As regards the sale of a plot and the amounts withdrawn from the Bank accounts of the deceased, and the sale proceeds of the shares, the respondent had deposed that the plot was sold with the consent of all the legal heirs of the deceased on the basis of a power of attorney executed by them, and similarly a succession certificate was obtained and the amounts from the Bank accounts were withdrawn and so also the shares were sold with the consent of the legal heirs, who were paid their respective shares therein---Respondent further claimed that in fact he paid to the appellant amounts which were far in excess of her (inheritance) share---Appellant had, thus, failed to justify her claim and/or to prove her allegations with regard to the various properties, distribution agencies, stocks in trade, Bank accounts, shares etc. held by the deceased at the time of his…

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