Successors coverage legal position
anil a ghaisas
(Querist) 25 May 2023
This query is : Resolved
Sushila Has a rental accommodation
Her successors are Anil+ 4 sisters+1 brother when suit was filled
Anil+Famiy sisters Successors
ofexpired sister[s brothers Successors
Of EXPIRED brother
Earlier_all 4 *1 Sister has 2 sons +1daughter & 1 sister has no successors Eexpired *1 -daughter
Now ANIL 2 *2 sons +1daughter, covered in suit
Now ANIL 2- *3 successors of sister 0 *1 -daughter
Likely to be brought 1 SISTER HAS A RETIRTED SON
1 SISTER HAS 3 DAUGHTERS
Land lord filed suit in 1983 , for eviction & pending & pending in Kalyan court
All are staying away except Anil with his family.Sushila died in 2005
All are personally ready & willing to give(NOC)rights in tenement They wish honestly to transfer said accommodation in the name of Anil Anil does not have any other accommodation in his name any where
All members are +75 physically incapacitated to appearing Court
No sooner any one expires landlord tries to involve successors in this suit under clutch of law. He is trying to harsh & not ready to give consent for change of name in Anil's name
Whitest no one is ready successors also brought in the suit forcefully
This is illegal and unlawful.This will just contuse …?
Suggest,remedy to stop this visions predicative to get out of this
Suit was in process since 1983 till 1992-Decided on 19-06-1992 HC
dismissed WP filled by landlord. Lord committed contempt of court
Contunied to refuse rent till 2008
After16 years gap 0n 27-08-2008 landlord filed a suit against Sushila & he successors for eviction.
In this process the Factor for change of name was overlooked
Now its very trouble some to bear
If this is contented it has very serious & unavoidable repurcations on the part of decedent Plesea suggest furthe couser of Actio n
A A Ghaisas
Sudhir Kumar, Advocate
(Expert) 25 May 2023
nothing understood from the way the facts are described.
suit is probably going on through decades and by now about 25 Kg papers would have been there.
All that is understood that the landlord is running from pillar to post to get his property back.
T. Kalaiselvan, Advocate
(Expert) 26 May 2023
The eviction suit is going on from the year 2008, i.e., for almost 15 years.
The landlord has to implead the LRs of the deceased parties as necessary party to the suit.
If you do not want to participate in the case anymore, then you can remain absent, the court will pass an exparte order against you.
You should understand the fact that ever since the year 1983 you have not paid rent to the landlord, i.e., for 40 years and are not vacating the property.
You cannot claim ownership of the property but you do not want to give it up, hence you have to undergo the hardship of attending the court on court dates.
You my wait for the court decision.
Advocate Bhartesh goyal
(Expert) 28 May 2023
Challenge the adoption deed before civil court by filling suit for cancellation of adoption deed on ground that at the time of registration of adoption deed age of adopted child was 19 years which against the law and can't operate from a prior date.