legal heir
Dilshad M. Merchant
(Querist) 06 June 2014
This query is : Resolved
My name is Mrs. Merchant, im married n have 2 kids, but we r living with my parents in a parsi colony and the flats here in the colony belong to the trust.
Tenants living here are on leave n licence basis.
The flat in which we r living is under litigation since the last 30 years. This litigation started between my father n the trustees. He lost the case in lower court n now have filed appeal. Before final disposal of the entire case, if any one or both my parents r no more, can my husband take over the litigation in his name ? He is Muslim n not parsi.
Do the trustees have the power to remove is from the flat (after my parents) if the litigation is still going on ?
Please advice how do we take over after my parents ?
Thanking you,
Mrs. Merchant.
ajay sethi
(Expert) 06 June 2014
no trustees cannot remove you pending hearing and final disposal of appeal . on your parents demise you can continue the litigation
Rajendra K Goyal
(Expert) 06 June 2014
You can continue with the case after demise of parents. Trustees can not remove you without court orders.
Kishor Mehta
(Expert) 07 June 2014
Madam,
I endorse the views of the experts, however I would like to add that the terms, conditions & covenants of the Leave & License Document has a decisive bearing on the case.
You being a Parsi you are well advised to continue with the litigation your self.
Good Luck,
Kishor Mehta
Biswanath Roy
(Expert) 09 June 2014
IN AN APPEAL YOU CANNOT CHANGE THE CAUSE TITLE BY SUBSTITUTION OF NAME. YOU MAY PRAY TO REPRESENT THE DECEASED APPEALANT AS HIS DAUGHTER.
T. Kalaiselvan, Advocate
(Expert) 11 June 2014
You can remain in the same place until the final say on the ensuing litigation is pronounced.
Raj Kumar Makkad
(Expert) 17 July 2014
Well advised by experts hence no more to add.
