Impleading the suit by the foster son
Balaji Bakthavathsal
(Querist) 20 December 2011
This query is : Resolved
Respected Learned Lawyers,
I am very thankful to you all for answering to all my queries patiently. Our laws were framed in a generic way, keeping the mindset of the people who lived at the time of framing the laws. The complications arise when greedy people interpret the law according to their whims and fancies. Here is typical issue for which I seek your valuable views.
My paternal grandfather’s brother executed a Settlement deed in the year 1934 in which he had mentioned that all the properties could be enjoyed by his wife after his death without creating any encumbrance and after her death, the properties should go to the next legal heirs. But that lady executed a will bequeathing all the properties to her foster son as the couple were childless in the year 1991. Question No. 1 is Since the original owner executed a settlement in which he had stated that the properties should go to the next legal heirs, against the settlement deed, the will executed is a valid or not ? Some lawyers say that after the amendment of the Hindu Succession Act 1955, after the death of the husband, the wife becomes the absolute owner and she can do with the properties whatever she wants to do. Which is correct ?
The old lady filed a civil suit in the lower court against my paternal uncle seeking a permanent injection in interfering in her properties and not to trespass her properties. When the suit is pending, the old lady died and her foster son impleads himself based on the will and continued the suit and won the suit. Now the question No. 2 is whether the foster son can implead himself as a plaintiff and continue the suit simply he bequeathed the properties through the will ?
I would be very grateful if the legal fraternity give their valuable opinion on this issue.
Thanks & Regards
Balaji
Raj Kumar Makkad
(Expert) 15 January 2012
1. You have not mentioned the year of death of the brother of your paternal grandfather so no concrete reply can be given, however, if he died after 1956 then his wife was exclusive legal heir of deceased so her will is absolute and legal.
2. Yes. He has wear the shoes of his foster mother. Such son is the legal heir of his deceased mother hence he may continue his suit.
