dispute regarding WILL executed by a Mohhamdon
Querist :
Anonymous
(Querist) 12 February 2011
This query is : Resolved
A Muslim executed a WILL of his entire property to his 3 sons. he has 4 daughter also.One daughter challenged the WILL and in this suit the other 3 daughters were also joined as defendant but all 3 was ex-parte but actually no proper service was affected on them.The suit has been partly decreed holding that the WILL is genuine but according to MUSLIM LAW the WILL of only 1/3 can be done and for entire share the consent of all heirs is necessary.The defendant could not proved the consent of the 4 daughters.So the court declared the WILL ineffective extent to the share of plaintiff and rejected the share of other three daughter as they not demanded the same. actually they all are have no knowledge about WILL and pend ency of suit.If they were summoned properly they definatly challenge the WILL and claim their respective share. Now after knowledge the WILL and decree of the court the other three daughters wants to claim their share .For that what steps they can take to get their share.
barun deka
(Expert) 14 February 2011
prefer a petition under order 9 rule 13 of the CPC for setting aside of ex-parte decree and prove that no notice was duly served.
in case that fails prefer an appeal under Section 299 of the Indian Succession act
