Sir/Madam,
The property under dispute is undivided jointly co-owned family property - Agricultural & N.A. Land.
There were 8 co owners of the property- Mother & her 7 children.
Two of her children influenced 90 years old mother and got Gift Deeds prepared - in their Favor of her share of 1/8th part of above said undivided land without the knowledge & consent of other 4 co owners. And got it Registered it. Also the Will of mothers was prepared and Registered by them, one year after the Gift Deeds, which again mentions that it reconfirms the above said Gift Deeds.
Mother expired 2 years after making the alleged Gift Dees & one year after making the alleged Will.
1) Both these beneficiary filed a Special civil Suit - SPCS at Surat Civil Court - Gujrat State for DIVISION of the property- for separating their share along with mother's 1/8 share in the land, on the basis of Gift Deeds & the Will , 8 months after the death of mother.
4 of the children ( including me ) have filed their objection against the said Suit & matter is pending.
They have also filed the petition in Bombay High Court for Probating the Will, against which also we have filed a Caveat and matter is in pre Hearing stage.
2) I, ( one of the Children -and the Co owner) have filed another SPCS at Surat Civil Court-
CHALLAGING the alleged Gift Deeds & the Will, 8 months after the earlier mentioned Suit for Division.
As the matter in the substantial Suit of Challenging the alleged Gift Deeds & Will is sub judice and pending, I wish to apply for STAYING the proceedings of the earlier mentioned Division Suit filed by them, on the basis of Gift Deeds & the Will.
Kindly advise me urgently-- under which provision of the Law- CPC/ Specific Relief Act etc. I should file the STAY APPLICATION !!!
I will be highly obliged for the same.
Sincerely,
N. Patel
