Original suit - not received summon
Muruli Mohan K
(Querist) 01 July 2013
This query is : Resolved
Respected Sir,
My grand father having 3 sons and 4 daughters. His property consists of both ancestral and self acquired properties.
My grand father died on 23-11-1998 and he
left a registered will dated 02-11-1998 which includes all the ancestral and self acquired properties. Based on this registered will all the 3 sons transferred properties in their name.
I need clarification for the following questions....
1. Is it my grand father having right to make registered will for ancestral properties?
2. Now one of the elder daughter filed original suit (OS110/2013) in anekal JMFC court and made 3 sons and remaining 3 daughters as defendents in the suit for partition and separate possession of all the properties. But summon/notices issued only to 3 sons but remaining 3 daughters not at all received any sumon from court and myself took the suit paper un - officially from court and found all the 3 daughters also part of defendents in the suit. Then why 3 daughters not received summon?. Is any cheating from plaintiff and her advocate?. Then how we approach the court to get our notice?. If 3 dauhgters not get notice is they lose their right in the share if plaintiff wins the suit (plantiff claiming 1/7th share in suit propertis)?. Please advice me. Thank you
Raj Kumar Makkad
(Expert) 01 July 2013
1. No.
2. Even if the defendant daughters have com to know about the suit, they can join the case even without notice through their lawyer. The plaintiff cannot get the entire property even if none is summonned.
