Whether document is nood or not?
Manikandan
(Querist) 28 August 2014
This query is : Resolved
Sir,
I have one doubt in declaration suit of Legal-heir.
Fact: One X died in the year 1971. X's heirs are not obtain the heir-ship certificate. The authority of issuing certificate is Tahsildar and Dt.Collector. Now X's heirs are not apply any application before the above said authority for obtaining certificate, but they directly file the suit before the court without the document 'refusing letter of the above authority'.
My doubt is: 1) Whether the above document is necessary or not for filing suit. (numbering). 2) Law says any reason to be mention in the plaint for adding the defendants?
Note: I could not ask the question clearly in English. Please give your contact no. i ask by phone to you.
Thank you.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 28 August 2014
1) Yes
2) concern party should be mede to the suit
3) 98 69 400 938 from Mumbai
P. Venu
(Expert) 28 August 2014
The factum of legal heirs is a question of fact, not of document.
ajay sethi
(Expert) 28 August 2014
contact MR jeevan patil for your doubts
Rajendra K Goyal
(Expert) 28 August 2014
Expert ajay sethi is also from Mumbai , you can contact him.
Biswanath Roy
(Expert) 30 August 2014
MY LEARNED FRIEND Mr.AJAY SETHI IS ALSO CAPABLE TO DEAL WITH THE PROBLEM. YOU MAY ASK HIS CONTACT NO.
ajay sethi
(Expert) 30 August 2014
thanks for your reference MR Roy and MR goyal
T. Kalaiselvan, Advocate
(Expert) 31 August 2014
First of all if you have been impleaded as a defendant, you await the summons, on receipt of summons, if you find that the suit is not filed as per law, you can file an application to reject the suit citing that the suit is improper for the reasons mentioned, hence the same may be rejected. By the way you have raised the a query it appears you are either in a confused state by somebody's misguidance or have not understood the issues involved properly. Better consult a local lawyer, discuss the subject at length and get all your doubts clarified.
