suit for bare declaration of will as null n void

Querist : Anonymous (Querist) 26 August 2010 This query is : Resolved
sir,
x files asuit for mere declaration of a will as null 7 voi without seeking cancellation thereof.x is one of six legal heirs of the testator and in possesion of a part of property. is the suit as such maintanable? i have filled an application of o7 r11 pending for objections.

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s.subramanian (Expert) 27 August 2010
It will suffice. When declaration of voidness is sought,there is no need to seek cancellation .It will be superfluous.

Querist : Anonymous (Querist) 29 August 2010
dear sir thnks to ans. but what if defndent got his name mutated several years back. kindly relate prviso of s.34 &s. 35 sp. rlf. act.

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