huf suit


A case has been filed by my bhabhi against me and my father in 2008 claiming property of my father (land and house over it) to be HUF. The claim is false and said property is self aquired property of my father. In 2009 my father died and the property was divided among we brother and sisters according to his "will". in 2009 we demolished the house and started construction of an apartment. In 2010 my bhabhi filed a revised petition reproducing almost same facts as pleaded in 2008, only adding late in front of my father. My questions are:- 1. She has again added my "late" father as respondent in revised petition. Can she do it as the party is already dead? If not then under which law the suit can be rejected? 2. She has again reproduced the details of our old house seeking 1/2 share in it but in 2010 the said house was already demolished and new construction was in progress. Is there any law which barr such an act or where suit can be rejected if the details of the property are quoted incorrect
 
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Retired employee.

Details are not adequate.  What is the present suit of her suit filed against your father ?  Whether she has impleaded the legal heirs of your father or filed a fresh case ?  When the matter is in Court, every further step is subject to the final judgment of the court and so when she has filed suit, when constructions are made subsequent to the date of her suit, and construction is going on, the construction is subject to her rights to be decided by Hon.Court in Judgment.

 
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FIN

It is believed that you are Hindu.

Confirm!

 
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FIN

For matter in court your own lawyer that has seen whole case file and record can advise you the best.

Copy of Death certificate of deceased father can be provided to your lawyer and to court.

Do you have evidence of property being self earned/acquired?

Is husband of your Bhabhi i..e son of your deceased father  and your brother alive?

The property is at which location?

Is the WILL registered?

Has the WILL been properly acted upon i.e. either after  NOC of all legal heirs, or probate from probate court.

 
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