Testamentary legal heir

mahesan (Querist) 18 October 2013 This query is : Resolved
A filed suit against B for the relief of declaration of owner of the property. But A died suit pending stage, A executed reg. will infavour of his wife before death. A had three daughters and one son. Who entitled to continue the above suit against B?

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prabhakar singh (Expert) 18 October 2013
Only deceased's widow as his LR.She needs to move application of her substitution as plaintiff on the basis of will but should disclose name and relation of all heirs in her application so that if will is disputed no defect creeps in substitution application

Devajyoti Barman (Expert) 18 October 2013
Other other legal heirs like his son and daughters can also apply for substitution if they wish to challenge the Will.

In absence of the grant of Probate or proof of Will, the other party may also apply for substitution of all the legal heirs.