Null & void
Mohan R
(Querist) 04 August 2012
This query is : Resolved
Dear Experts,
My bedridden mother was very old 93 years old. She had a competency issue,somewhat illiterate and only life interest in the property and has passed away recently.I as plaintiff had filed a suit against her to declare a public notice as "null and void "in which she had disowned me from the property even though she had no title and only life interest.Originally it was my father's self acquired property. Iam now the owner of my share in the property after the sad demise of my mother. This public notice was engineered by my brother who was not content with his share in the property and wants to/wanted to usurp the whole property. The suit abates because my mother(defendant) is no more . Any application under CPC from any LR is awaited till next date and no substitution Ibelieve is possible since cause of action cannot be exercised by any other LR. Now my question is
a) Can I still take the plea to declare public notice as null and void because it is being misused.
b)How to stop misuse of this public notice since my brother is malafidely submitting it to various departments and authorities.
Thanking you all most respectfully for the best possible advice.
Adv.R.P.Chugh
(Expert) 04 August 2012
Having a life interest, she could not debar you from getting the property eventually as a reversioner (one to whom property reverses back after death of life interest holder).
You need not have challenged the public notice, it is of no avail as it is.
Mohan R
(Querist) 04 August 2012
Dear Shri Chugh,
Fact of the matter is that there is gross misuse being carried out of the public notice. So when different departments/authorities receive it, they do not go much into the legality of what life interest legally means but do take notice of the public notice and such acts are creating hassles for me to get smooth clearances. So what should be done to restrain my brother from misusing the public notice which he himself engineered to have published through his very old bedridden mother and who didn't have the capacity to participate in trials then.
Thnx
