will
sangeetha
(Querist) 14 August 2010
This query is : Resolved
hi
In case a will is executed by the mother in favour of one son out of her 3 sons is it neccesary to make all sons as party or only the person wo is not evicting. is there any citation to support that non joinder of these parties is not a ground for dismissal of suit.
Adv Archana Deshmukh
(Expert) 14 August 2010
If it is a suit for possession on the basis of the WILL, it is sufficient if you make only that son a party against whom you've cause of action. It is not necessary to join all the other sons.
Yamalapalli Haribob
(Expert) 14 August 2010
If the one of the son is disputing the will' you have to show the said person as a party.The other is not necessary party to the suit.It is better to file a suit for declaration against all remaining sons by another who got the will in his favor,to declare his title basing on the will.
Y V Vishweshwar Rao
(Expert) 14 August 2010
I am of the opinion any Will is disputed by any one of the Sons , it is better to implead all the sons and to declare the plaintiffs rights on the basis of the Will Deed and Will Deed to be proved in a suit where all the interested parties /successors are parties to the suit
Devajyoti Barman
(Expert) 14 August 2010
Which suit you are talking about? In probate application other sons are only to be cited in default of which the probate application will fail.
Similarly in a suit for partition other sons are necessary party.
Koumarish Bhattacharya
(Expert) 14 August 2010
In a suit for obtaining Probate, all the legal heirs must be made a party to it.
s.subramanian
(Expert) 15 August 2010
I agree with Mr.Rao and Mr.Barman.
G. ARAVINTHAN
(Expert) 15 August 2010
Suit of will. For suit the son who not vacating alone can be party
In so for as to will, the decision of the testator alone needed
V.V.RAMDAS
(Expert) 15 August 2010
The question is not clear , so fittest answer is given by MR. Burman is correct.
