declaratory suit

Querist : Anonymous (Querist) 29 August 2010 This query is : Resolved
in a suit, plntf seeks a declaration of a will as null n void on the grnd i. e. to be forged doccument. plntf is residing in the prprty bequethed in the will with othrs heir of testatr.defndnt[me] got mutated his name in municipal records several yrs back.is such suit is maintanble as such without cancellation of the will in light of proviso of s. 34 sp. rlf. act?

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Rajeev kulshreshtha (Expert) 29 August 2010
Declaration about the WILL that it is null& void is amounts to the cancellation of WILL. There is no need to claim for cancellation if plaintiff succeed the WILL shall stand cancelled. The suit is maintainable.

s.subramanian (Expert) 30 August 2010
Repeated query. I have already given my opinion which is in total agreement with that of Mr.RAjeev.

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