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VRK (business)     27 March 2025

No locus standi, no teritorial jurisdiction, give notice of motion?

Sir/Madam, one of  my friend's mother expired recently, before die her mother registered a will deed in favor my friend. Now a relative filed a petion with civil court saying he is her own brother, but no evidence submitted how he is son  in court, not enclosed with affidavit how he is quo legal heir. Not that only false claim, a propery situated which was not in her will deed, that propery is located in other state, which is her mother's home state and  home town, filed petition there for partion of will deed properties with local court.

My question petitioner has no local standi to file for partiton and court has no teritorial jurisdiction because showing area propery has not listed by her mother in will deed. My friend dont know, her mother how it tranfered or to whoom to given thatn piece of land gifted or in anynway transfered, not in her will properties list. please advise me, how to disimiss petition in admission stage? give notice of motion? or filing written statement? court  decide it in days? give order if admitt the petion, if my plea reject? then challenge it in high courts? 



 3 Replies

T. Kalaiselvan, Advocate (Advocate)     27 March 2025

You may ask your firend to file a petition under order VII rule 11 CPC seeking to reject the plaint for the reasons you have stated here.

You may discuss with your advocte and proceed further because in the absence of perusal of the case related papers, no further opinion can be rendered

Dr. J C Vashista (Advocate )     28 March 2025

You have posted various legal issues involving in your query on behalf of your friend, which require to peruse documents concerning title of the subject property, execution of will which may or may not require its probate, suit filed and relief sought by his mama (brother of his mother), accordingly let your friend may be proactive, consult and engage a local prudent lawyer to defend himself and protect his interest.

R.K Nanda (Advocate)     28 March 2025

Consult local lawyer for proper legal guidance. 


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