Regarding suit for possession and damages

Querist : Anonymous (Querist) 14 December 2009 This query is : Resolved
In a property dispute in Delhi mother filed suit for possession and damages against her son on the basis of unprobated Will of 20 years back. There are total three legal heir in this property including mother. The owner of the property died 20 years back leaving no Will. Pl. advise me on the following points:-

1. Is this suit filed by mother against her son valid in the eyes of law, if not pl. given the reasons?

2. What are the relevant rules available in the CPC for dismissal of above said case in the court?

3. Reference of Judgement passed by the courts on the above said cases?

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Devajyoti Barman (Expert) 15 December 2009
A co sharer of a property can always sue another co-sharer for determination and possession of his share irrespective of their blood relation.
Though dismissal does not seem to be a possibility but one can raise the issue of Will and pray for consolidation of the two suits.

Arvind Singh Chauhan (Expert) 15 December 2009
Agree with Barman Sir.

aman kumar (Expert) 15 December 2009
suit is not depends on blood relations & no dismissal is posible from your side piea ,

niranjan (Expert) 15 December 2009
Suit is by mother based on unprobated will to debar other legal heirs.Suit is maintainable, but it can be stayed till probate is obtained.I think you can also file counterclaim for your share,but you will have to pay courtfee according toyour share.You have also said that the owner died leaving no will and yet you say that there is a will which isunprobated.Probably you mean to say that the will is fabricated.right ?

Querist : Anonymous (Querist) 15 December 2009
DearShri Niranjan Sir,

The Will has been made recently with the forged signatures of the testator. Pl. guide me exact course of action required to be followed.

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