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Application for correction of issues.

(Querist) 08 December 2011 This query is : Resolved 
i file a suit for legal heirship about specific property of deceased. my prayer was that to declare just legal heir of decease person.. now some legal heir filed written statement that some other properties are also related to to deceased person which i did not include in the my suit. so now judge framed issues that either this property should be include in the legal heirship certificate or now.. but my prayer was just to declare the legal heir... so now my question is this should i submit application for correction of issues or not and under what order or section of civil law this application can b file?
Devajyoti Barman (Expert) 08 December 2011
If this is not a partition suit then total inclusion of all the suit properties is not required.
Raj Kumar Makkad (Expert) 08 December 2011
As your suit relates with the prayer of declaring you legal heir then no question arises to include this or that property in the suit as this irrelevant. Once you obtain declaration being sole legal heir, entire property belongs to you.

Even if your lawyer is of desire to include then you can file an application seeking amendment in the plaint.


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