ancentrial property
Adv. Sharanagouda S Patil
(Querist) 03 February 2011
This query is : Resolved
Dear Experts,
My grand mother put one case in civil court for geting her share from ancentrial property. at the time of case was going on but not come to evidence stage then my grand mother died. before death she made one will like "my case was going on in the civil court and case no. is so and so.. whater coming share on me thats goes to my grand son" but grand son's mother was defendent in that case. Now should we file the will (registered)copy to court and request to consider as plaintif, shall court can consider as plaintiff? kindly give the eminent answar as per law, and plz mention case law and sec.also.
s s patil
Parveen Kr. Aggarwal
(Expert) 03 February 2011
If the grandmother has executed a valid will bequeathing her entitlements in the suit in favour of her grandson and the grandson wants to get the benefit of will, he can become legal representative of his grandmother in the suit. The court will have to implead him as legal representative of the deceased plaintiff and he will step into her shoes and the suit shall proceed as if it would have proceeded had the grandmother been alive. For getting so impleaded, copy of will shall have to be produced in the court.
G. ARAVINTHAN
(Expert) 09 February 2011
you need to get impleaded in the suit as legal heir of your grand mother through the will for the subject matter property and adjudicate for your share
