declaration of null & void will

Querist : Anonymous (Querist) 18 August 2010 This query is : Resolved
plaintiff is in joint possesion of the house with other successors.he alone brought a suit aginst the will to declare it as null & void without any further relief or cancellation. is the suit maitainable one? rajiv advocate.

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R.Ranganathan (Expert) 18 August 2010
Maintainable.

c n vittal rao (Expert) 18 August 2010
Agree with Mr Ranganathan

adv. rajeev ( rajoo ) (Expert) 18 August 2010
simple declaration is not maintianble it requires conseqnential relief of injunction

Rajeev kulshreshtha (Expert) 18 August 2010
Relief for declaration is maintainable.

s.subramanian (Expert) 18 August 2010
Yes. I agree with Mr. Ranganathan and Mr.Rajeev.

Chanchal Nag Chowdhury (Expert) 18 August 2010
YES.

Devajyoti Barman (Expert) 19 August 2010
Right.

Querist : Anonymous (Querist) 31 August 2010
dear experts, thnks 4 ur views. but kindly consider my point of view i.e.: the plntff. raised alligations on the will which amounts to be voidable not void, 2nd thing is after death of testator the will has become operative and secures the property, defandent's name has been entared in municipal records,the declaratory decree only bounds the parties of the suit, municipal corp. is not the party, how the decree will execute?

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