Rival party as legal heir in civil suit
Shiv
(Querist) 13 April 2014
This query is : Resolved
Rival Party as Legal Heir in CIVIL SUIT between Husband & Wife
Civil Suit filed by Applicant wife against Def1 Chief Promoter of proposed
Housing Society & Def2 Husband for ownership of plot. Applicant wife claims plot
is allotted to her by Def1, but the sale deed is in the name of Def2. Case is
pending before the court. Def1 died quit long ago so his Legal Heirs were brought
on record, but on application of them their names were deleted from parties.
Now recently Def2 husband also died.
Applicant wife has two children from Def2. Both Children have given Power of Attorney to Applicant wife.
Now since Def2 died she has added her name as Legal Heir of Def2.
Now the case is contested as follows
Applicant wife
V/s
Def2 since deceased through his Legal Heirs (1)Applicant wife & (2)two Children.
This is very interesting situation since now applicant wife is fighting a suit against
herself (since power of attorney of children is with applicant wife). She is both
Applicant as well as Defendant.
My request for opinion from learned experts on under mention points:
(1) Can Applicant be Legal Heir of Defendant since they being Rival parties.
(2) Does the suit stands abated on the grounds of want of proper parties.
(3) Does the Sale Deed performed by the Chief Promoter of Proposed Housing Society (which never got registered in future) still stands.
Devajyoti Barman
(Expert) 13 April 2014
Looks like academic query.
If not then disclose how are you related to this query.
Shiv
(Querist) 13 April 2014
It not a academic query.
This is happening in court and I have been appointed Amicus Curiae by Hon'ble Court. Need to put my brief soon. That's why seeking a learned experts opinion.
T. Kalaiselvan, Advocate 
(Expert) 14 April 2014
What is the relief sought for by the plaintiff in the suit and against whom, whether on both the defendants or or only one defendant? If the plaintiff had sought for relief against D1 alone, since his LRs are not ready to contest the case, the case can be decided accordingly, but if it is against D2, since the plaintiff herself and her principals who jointly form as LRs of deceased D2, cannot contest the case against themselves and the suit will become infructuous; Amicus Curiae can very well explain the position before the court.
Shiv
(Querist) 15 April 2014
Thank you Mr. T. Kalaiselvan & Mr. Barman.
Relief sought is
(1) To declare the lease deed bet Def1 & Def2 as null & void.
(2) To direct Def1 to execute new lease deed in favour of plaintiff.
(3) Direct Defendants to hand over the property.
(4) To declare that Def1 has no legal right to execute any document with anybody except Plaintiff
(5) To declare exclusive right of Plaintiff over property & Defendants have no right.
Will appreciate any comments. Thank you
Shiv
(Querist) 15 April 2014
Thank you Mr. T. Kalaiselvan & Mr. Barman.
Relief sought are
(1) To declare the lease deed bet Def1 & Def2 as null & void.
(2) To direct Def1 to execute new lease deed in favour of plaintiff.
(3) Direct Defendants to hand over the property.
(4) To declare that Def1 has no legal right to execute any document with anybody except Plaintiff
(5) To declare exclusive right of Plaintiff over property & Defendants have no right.
Will appreciate any comments. Thank you
ROHIT SHARMA
(Expert) 20 April 2014
Dear Mr Shiv,
1. Yes, as an amicus curie you have rightfully framed your responses and that should be acceptable to the court.
Adv. Rohit Sharma.
(M) 09824047971.
E-Mail : lawgate1349@gmail.com
