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Ravikant Soni (LAWYER IN JAIPUR)     27 December 2010

who is the owner??

Dear all,

Plz suggest me to come out the situation:

Mrs. ''M" widow was title holder and owner of a property consisting 20 shops. She has a Son 'S' only as legal heir. She executed a will in favor of her daughter in law 'D' and bequeathed all her property to said 'D' due to mis behaviour of her son. After her death the son 'S' filed some suits against the tenants of shops for eviction. The real will holder D wan't made party in that suits. Despite of fact that  S has no right on the shops the suits r going on the procedure. The tenants not raised the objections abt the ownership of plaintiff son because they have not knowledge of that Will. 

Now, the S and D has been separated. afterwards, S filled application under O.1 R.10 of CPC to subs. or add as party in suits along with copy of registered will. But  the Court have rejected the same with giving the reason that in tenancy matters title couldn't be decided. In appeal she again suffered reluctance. High court denied to entertain the writ pet. against both orders as well.

After this, D sold property to Someone B. 

B is my client,  What should I suggest him to do???



Learning

 1 Replies

niranjan (civil practice)     27 December 2010

I think,when S filed eviction suit, D must have applied for joining him as party to suit,right? In eviction suit title is not to be decided. I think better way is that since B has stepped into shoe of D,he is the owner as per will and he should give notice of attornment to tenants to pay rent to him and not to S as he is not the owner.Instead of D,tenants should be asked to apply to induct D as party in the suit. Your client B can also file suit that he is the owner of the suit premises against S.

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