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shikander singh   09 February 2020

Declaration of Will

Three son's but Father executed a registered Will dated 1985 in favour of two son's A and B. Father was died in 1988. Thereafter in year 1988 mutation was entered in name of three son's as a natural succession. Two son's A and B was not file any object at the time when mutation was entered by natural succession in favour of all three son's A,B and C. Thereafter all heirs sold their some share in suit land. Plaintiff (Son A) file a suit for declaration of Will in year 2010 after 22 years. Prior to filing a suit for declaration of Will plaintiff (Son A) in 1994 compromised with defendants (Son C) they will never file a suit on the basis of registered Will.
Q. Can estoppel enforce on plaintiff (Son A) ?


In year 2001 plaintiff sold their land of share.
Q. Knowledge of plaintiff (Son A) prove or not when he was sold thier share in year 2001 ?

Q. Suit within Limitation?

Q. Limitation period in declaration suit?

Q. Result of suit Decree or Dismiss ?


Learning

 2 Replies

Shashi Dhara   09 February 2020

Three years limitation to file declaratory suit.suit will be dismissed if you defend it strongly on limitation..the property is ancestral or self acquired of father.

shikander singh   09 February 2020

Property is ancestral property but fore-fathers property de documents nhi hai

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