Striking out legal heirs not enttile for share on record..
Mohamed Ali
(Querist) 02 January 2009
This query is : Resolved
A Sunni hanafi Muslim partition suit was decreed, and brother and sisters were entitle for some share as per decree...
Before the application for Final decree proceedings is filed all the decree holders died,
Hence in one daughters case who was also a decree holder, died before Final decree proceedings application filed, Her LR's were brought on record in still pending Final decree proceedings,
She had 1 son and 2 daughters, where as the Son has predeceased her with 3 childrens, As Orphaned grandchildren are not enttile for any share as per Muslim law,they are not enttile for any share share but my mistake they were brought on record while filing Ffor Final decree proceedings which is still pending,
Question :- Can these LR's of decree holder(ie orphaned grandchildren) can be striked out from record in pending Final decre proceedings itself or we have to file a seperate suite after Final decree proceedings. we have objected thru a Interlocutary application in pending final decree proceedings to delete these LR's..
PALNITKAR V.V.
(Expert) 15 January 2009
Yes. The parties who are unnecessarily added can be dropped by making a suitable amendment.
