Injunction suit
Yaseen Mohammad
(Querist) 11 February 2010
This query is : Resolved
X claiming property through will deed executed by her father and filed a suit for injunction against the persons who are claiming ownership over the land and also against her family members who are the parties to the will.
In will deed Y father mentioned total property in favour of his children & wife. During life time of Y there is a allegation that he executed GPA document in favour of Z. And Z sold all properties. During life time of Y, he filed criminal case against Z u/s.420 IPC.
The family members stood exparte in the injunction suit filed by X.
Now my question is whether the family members as defendants (my clients) has to appear before court or not. Because the property claiming by X is not of other family members (my clients). There shares are different from the X property.
The will deed executed by the father of X is ancestral property. Whether the Y is having rights to execute will deed as well as GPA for entire property, which is not his own earned property. He is only a share holder to the property along with X and my clients.
Raj Kumar Makkad
(Expert) 12 February 2010
Y could have executed will limited only to his share and excess share of the property inserted in the will shall have no effect over others. Unauthorized person cannot make a will. The ancestral property can also be claimed by his legal heirs and will qua such property is also not tenable before eyes of law.
adv. rajeev ( rajoo )
(Expert) 12 February 2010
y's share was limited, he had right to execute the will for his share only.
Mere filing of bare injunction suit is not maintainable. Suit for declaration and injunction is right suit.
