my father filed a suit for possession by stating himself to be a self acquired owner against me by stating as any licensee. But during the pendency of that suit, he expired. Thereafter my elder sister filed an application U/o 22 Rule 3 CPC on the basis of any forged/unproved will to become Lr of plaintiff/my father to continue the suit for possession against me. Please note that such forged Will is already strongly challenged by me in separate probate court. So, i want your expert advice that when such Will is already subjudice then whether still my elder sister can become Lr in the possession suit or that suit will be abated. I want to ask this question as I have a reasonable arguement that according to me when any Will is subjudice then court must presume inheritance untill any will is proved and hence I being the class I heir automatically become 50% owner by succeeding my father by sec 8 so the possession suit itself becomes meritless. please answer my query
There are at present two cases filed. The first one filed by your father and continued by your brother and the second one your challenge of your father's will as forged. The status quo position should continue and when you have engaged professional advocates that are well acquainted with facts of the case, they are in a better position to guide you properly. In complicated cases, it is not useful to seek opinions through open forum queries without full details.
You may raise objection by filing reply of said application u/order 22 rule 3 of cpc that on basis of forged will your sister has no right to continue the present suit and she does not have right to sue survive.