Indian Succession Act
Clarence Pais
(Querist) 24 August 2009
This query is : Resolved
Dear Mr. Tripathi,
Senior Advocate
My question is:
Under ISA must the heir himself file suit, or can suit be filed by Power of Attorney holder on behalf of heir.
Under ISA Act, here is father who is deceased, property which belonged to the father by Settlement Deed of 1921 was handed over to sons by oral partition of 1962, which is oral partition is recognised by a 1976 compromise decree of the Munsiffs Court, Mangalore. Now daughter files suit under ISA which is neither administrative suit, nor a suit to challenge Will by probate suit, but is filed for property that belongs to the sons, to set aside the compromise decree on grounds of fraud claiming that decree was obtained to defeat provisions of ULCR Act. THe SLP is filed by the POA holder and not the Petitioner claims ISA is applicable and proceeds to examine applicablility of ULCR Act once again whereas the courts below have upheld ULCR Act not applicable. My question can SLP be filed by POA under Indian Succession Act claiming for property that belongs to sons alleging fraud to defeat provisions of ULCR Act
I've misplaced your book on Commentary to Indian Succession Act 1926 with 2002 Amendment No 26, which has been found very useful to me. I'm unable to get another copy in Mumbai. So please, please I would be obliged if you could kindly send me a copy per VPP
I remain obliged
Clarence Pais
Swami Sadashiva Brahmendra Sar
(Expert) 24 August 2009
Dear sir,
There is no special provision regarding POA under Indian Succession Act. General rules regarding POA are applicable and he can file SLP.
So far my book on Indian Succession Act is concerned, now it's 2009 edn. is available. If it is not available in your area, you may directly contact to Publishers at following addresses:
1. Premier Law House, "Aruna Palace", Abhayanker Road, Dhantoli, Nagpur- 10 Phone: (Shop)0712-2425569 Mob:9373105264
2. Premier Book House, Shop No. 3-4,1st floor, Amar Tower, 1st cross, Gandhi Nagar, Bangalore- 560009 Phone (Shop): 080- 22255644 Mob: 9845073227
3. Premier Publishing Co. 40C/34, Elgin Road, Civil Lines Allahabad- 211001 Phone(off.): 0532-2260505 Mob: 9335150723
SANJAY DIXIT
(Expert) 24 August 2009
Dear Mr Clarence Pais and all the members and guests of LCI,
Its my humble request to all, please don't make a querry remarking some individual expert member.
The querry should be in general.
I think all got what I mean to say.
Regards...
Sanjay Dixit Adv.
Clarence Pais
(Querist) 25 August 2009
Dear Dr. Tripathi,
Just in case a no thanks has been conveyed, its a mistake as I pressed the wrong key. Kindly condone.
My question on whether POA who files suit mentioning therein that ISA Act is applicable, would his allegation of fraud for reasons to defeat provisions of 1976 ULCR Act be justifiable grounds for filing suit, when suit filed is neither administrative suit nor testamentary suit, and under ULCR Act it is only competent authority who can file, remains unanswered for which I invite response
My thanks once again
I remain obliged
Clarence Pais
Clarence Pais
(Querist) 25 August 2009
Dear Mr Sanjay Dixit,
Your response is noted, I will conform to what you've mentioned.
Regards
Clarence Pais
Clarence Pais
(Querist) 26 August 2009
My question on whether POA who files suit mentioning therein that ISA Act is applicable, would his allegation of fraud for reasons to defeat provisions of 1976 ULCR Act be justifiable grounds for filing suit under ISA Act, when suit filed is neither administrative suit nor testamentary suit for property that belongs to the deceased, but is property that belongs to the sons, but the allegation is fraud played by father and sons to defeat provisions of ULCR Act 1976, and under ULCR Act it is only competent authority who can file, remains unanswered for which I invite response
Swami Sadashiva Brahmendra Sar
(Expert) 29 August 2009
I do agree with Mr Dixit. If a query is peculiar and intended to address to a particular member, it can be asked through PM.
N.K.Assumi
(Expert) 31 August 2009
Dear Dr.Tripathi, thank you for posting the publishers address for your book on Indian Successuon Act. Im going to order it immediately.Once again thank you.
