Kartha of undivided hindu joint family

surendrababu (Querist) 21 October 2013 This query is : Resolved
X executed a promissory in favour of Y for Rs.10,000/- on 1-1-2011. Y died intestate leaving behind him 1 to 6 i.e. wife, 2 sons and 3 daughters as his legal heirs.

can wife alone file a suit against X for recovery of the promissory note amount on behalf of other legal heirs.
or
do all the legal heirs have to file a suit against X for recovery of the promissory note amount.
Kindly suggest me the legal position.

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ABDUL RAZIQUE (Expert) 21 October 2013
if the child are minor then the mother can file suit for recovery.

Rajendra K Goyal (Expert) 22 October 2013
All the legal heirs should jointly file the suit if all are major.

Advocate Ravinder (Expert) 13 April 2014
If all the legal heirs are in talking terms, they can file one suit (all parties as plaintiffs) and the executor of the promissory note as Defendant. If there is any dispute between the legal heirs, only mother can file a suit but only to the extent of her share. How much share (succession) is depended on religious aspects i.e. Hindus, muslims, christians etc.

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