Section 39 cpc and dec. suit u/s 34 sra
Mohammed Rizwan Shaikh
(Querist) 24 June 2018
This query is : Open
Hi Experts,
An agricultural land 18 acre in Maharashtra was gifted in writing by a muslim MR. X to his muslim wife MRS. Y in the year 2013. The said gift deed was executed in front of bonafide citizens and advocate. The possession of the said land was accepted by MRS. Y. Thereafter, Mr. X expired in the year 2017. The legal heirs from the first wife of Mr. X are claiming rights on the said land being aware that the said land has been already been gifted to Mrs. Y. The legal heirs made an application to incorporate their names on the 7/12 extract. Pursuant to the application and objection of MRS. Y, the Tehsildar and Talathi directed the applicants to get the legal heir certificate from the court. The legal heirs are now trying to create third party rights and trying to encroach and disturb the possession of the said land. The said Gift Deed has not been challenged by the legal heirs.The posession is still with MRS. Y.
Mrs. Y is intending to file for Temporary Injuction under 39 CPC and Declaration Suit under 34 Specific Relief Act.
Should MRS Y go ahead with the filing of the above cases or please advice the better section in which the case can be filed?
What would be the Court Fee for an 18 acre land?
Who should she make party to the suit, the legal heirs and Tehsildar/ Talathi?
Please please cite some judgments
Please Please help.
Mohammed R. Shaikh
