Regarding service matter
ss
(Querist) 10 December 2009
This query is : Resolved
Regarding suit for possession and damages
My father died intestate suddenly during 1989 leaving a property in Delhi having built up three floors. There are three legal heirs including widow mother. In one of the floor I am residing alongwith my family. My sister wants to grab entire property through my mother for which on her provocation my mother filed a suit for possession and damages against me on the basis of a Will in a plain paper. My father died at a very young age suddenly. In another case due to their ill-intention I had filed a suit for permanent injunction in which decree granted to me and bother the two legal heirs given in writing in the court that they admit my possession and will not try to dispossess me. In view of the above facts, please advise me on the following querries:-
1. Can suit for possession and damages filed against me still have any merits or it will now be rejected automatically by the court.
2. Can my mother is entitled to file the suit for possession and damages against her own child who is one of the legal heir of the property.
3. What are the main conditions for filing suit for possession and damages and what kind of further course of action is required to be initiated by me.
4. Relevant court judgement on the above cited subject matter.
In reply to my aforesaid querries posted on Ist December,2009, Shri Raj Kumar Makkad, Expert had replied my above said querried on 2nd December,2009. In view of his reply I would like to clear the following points as mentioned below:-
1. Is it mandatarily required to probate the Will for claiming suit for possession and damages ? Pl. mention the relevant rules(books) and judgement related on this subject matter.
2. Since the property is on lease against the properties left in East Pakistan and in your opinion the same shall be regarded as an ancestral property, request pl. refer me to the relevant rules/books where the same is mentioned and if any judgement exists in this regard.
3. Why the suit cannnot be filed/maintainable without declaration ? Relevant rules/judgement on this subject matter may be referred to.
H. S. Thukral
(Expert) 10 December 2009
Do you have any objections to the Will ? If yes then contest it. The suit for possession can be decreed after proving the title in her favour by your mother. You can also plead that the property is ancestral and prove it.
niranjan
(Expert) 10 December 2009
Since the property is given by the govt. make an application in the court to join the govt.as party,which will clarify the status of the property and any conditions attached to it.Get the relevant documents from the concerned deptt.who granted the premises.
Raj Kumar Makkad
(Expert) 10 December 2009
I reiterate my previous opinion and do agree with Harbhajan ji and Niranjan.
N RAMESH.
(Expert) 10 December 2009
I agree with experts and Makkadji. Further You can ask for opinion in this forum. If you need minute detail, related provision of law with citations, then please consult a good lawyer.
