Conversion of pending probate application (p&sc) to declaration of title suit & permanent injunction
Muruli Mohan K
(Querist) 26 July 2016
This query is : Resolved
Hi Sir,
We are from Anekal in Bangalore District of Karnataka State.
My Grand father was owning 5 Acres of land in Anekal.
He divided the said land into 5 equal shares among his 4 childrens and keeping 1 share for himself. (1 acre each)
All the 4 children are in their respective shares and some properties sold to developers for layouts, buildings and houses constructed.
Meanwhile my grand father and Grand mother passed away in 2001.
Then the dispute arised to share grandfathers 1 acre share among children.
Meanwhile my grandfather bequeathed the 1 acre of his share through registered will to his grandson (his 4th Son of Son).
Problem here is instead of his 1 acre share he bequeathed 3 acres which is not belongs to him.
And grandson files a P& Sc application before senior judge in Anekal and same is contested by 4 sons since bequeathed property not belongs to my grand father but belongs to others exclusive and absolute share.
Since P&Sc application contested judge converted the case into Original Suit (OS) and asked to pay the petitioner 10% ad valorem court fee (Rs. 10.5 Lakhs). Which petitione not paid even after 3 years and approached high court to cancel court fee. But high court of karnataka dissmissed said writ petition and ordered to pays 10.5 lakh court fee.
NOW petitioner moved an application in front of senior judge asking convert present suit to Declaration of Title Suit & Permanent injunction saying petitioner the absolute owner of suit properties of registered will and he is unable to pay huge amount of court fee.
Please clarify whether judge accepts for conversion of P&Sc application to declaration of Title Suit & Permanent injunction.
Thank you
Kumar Doab
(Expert) 26 July 2016
You have posted that:
"He divided the said land into 5 equal shares among his 4 childrens and keeping 1 share for himself. (1 acre each)"
Was this by registered partition deed, family agreement?
Or it was oral? if yes has it been proved?
If the partition was not by valid deed/means and proved, then how can you claim that Grandfather did not own 3 acres?
adv.bharat @ PUNE
(Expert) 26 July 2016
Author need to explain query raised by expert.
Rajendra K Goyal
(Expert) 27 July 2016
Full case file and orders of court need to be referred, discuss with your lawyer.
