Civil Procedure Code (CPC)

succession rights of a widow in the self earned property of her husband socity

This query is : Resolved 

11 January 2011

A lady got married in1978, her husband expired in 1982. Her imnlaws strated grzbing al her rghts she was driven out, of the house aquiredby her husband, the .P.F. and otherr benifits like componsetory ground service etc.were tried to be grabed. She fied aciil suit. The case wremained without decision, she bagegged highcourts help and highcourt issued ordered the lowercourt to matrialise the case within one month.
as a result of interim order she was able to get absorbed in her husband's department but the case went on till 2008 and mentining the absent of the Advocate as well her absent the case was dismissed. What shoud she do to get the same for restoration, becaus the deparmental co-oprative housing society is not allowiing her to avail her succesion rights over the plot which is already alloted to her husband and ashing for succesion certificate. Kindly provide the appropriate guidence

R.Ramachandran (Expert)
11 January 2011

Please approach an experienced local lawyer in this matter, without wasting further time.

Y V Vishweshwar Rao (Expert)
11 January 2011

1- Consult Local Senior Advocate

2-First- file petition for Restoration of the Suit which was dismissed in default

3- Second - file a petition under D V Act for relieve provided under the D V Act

Amit Minocha (Expert)
11 January 2011

I agree with Mr Rao, plus you need to tell the Court the justification for non appearance since long and for non prosecution

Pritam Saini, Advocate (Expert)
11 January 2011

i agree with experts. About society plot she should file file mandatory injunction against society.succsesion certificate only need to be about debt or imoveble property not for movebale property.

Advocate. Arunagiri (Expert)
11 January 2011

I agree with Mr.Rao.

Kirti Kar TripathiOnline (Expert)
11 January 2011

I agree with Mr.Rao.

Adinath@Avinash PatilOnline (Expert)
15 January 2011


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