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ravisharma   13 February 2017

Non maintainibility of suit

A case has been filed by my bhabhi against me and my father in 2008 claiming property of my father (land and house over it) to be HUF. The claim is false and said property is self aquired property of my father. In 2009 my father died and the property was divided among we brother and sisters according to his "will". in 2009 we demolished the house and started construction of an apartment. In 2010 my bhabhi filed a revised petition reproducing almost same facts as pleaded in 2008, only adding late in front of my father. My questions are:-

1. She has again added my "late" father as respondent in revised petition. Can she do it as the party is already dead? If not then under which law the suit can be rejected?

2. She has again reproduced the details of our old house seeking 1/2 share in it but in 2010 the said house was already demolished and new construction was in progress. Is there any law which barr such an act or where suit can be rejected if the details of the property are incorrect.



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