Declaration of legal heir status
Vinoba
(Querist) 07 April 2013
This query is : Resolved
Sir/Mme,
I had filed a suit seeking declaration that one 'A', deceased 'B' & deceased 'C' are legal heirs of deceased 'X' & 'Y'. The court has declared only 'A' as legal heir and refused to declare 'B' & 'C' as legal heirs as they are dead on the ground that no relief can be granted for deceased persons. My query is that the relief was sought only by a person who was alive including the deceased persons. Is there any ruling/precedent to justify my relief?
ajay sethi
(Expert) 07 April 2013
for judgements visit indian kanoon website .
Raj Kumar Makkad
(Expert) 07 April 2013
You have not disclosed the relevant facts like what is your relatioship in the given case and what is the status about the legal heirs of deceased B & C and whether those had been made parties to the litigation or not?
The legal heirs of B & C reserve their right to be declared as legal heir of X & Y. It seems A can misuse his declaration hence the legal heirs of B & C should immediately challenge the impugned judgment and decree under discussion.
Devajyoti Barman
(Expert) 07 April 2013
The judgement is wrong as you declaration can be made on dead persons as well.
Search citation on this point.
Adv k . mahesh
(Expert) 08 April 2013
search through indian kanoon and agree with Mr. Makkad
