There is no such thing as memo on locus standi, to the extent I know.
In general, when anybody files any memo, it is NOT necessary for the Court to act on it.
When was the suit filed? When did you receive the summons and copy of plaint?
It is necessary to file written statement within 30 days after receiving summons and copy of plaint. It can be extended to 90 days if you explicitly request the Court giving valid reasons. Some judges are strict and some are lenient in this issue. So, please be careful and please file your written statement without any delay.
Where are the properties situated? Where is the will made? If the properties are situated in Bombay, Madras or Calcutta, or if the will is made in these three cities, then it is mandatory to get PROBATE of Will. Without Probate, the will is not valid. Even if the properties are situated in other parts of India, it is still advisable to get Probate of Will from a Court. Please consult a local lawyer about this.
Whenever anybody files any civil suit against anybody, the defendants must do two things.
First, they must prepare written statement and file it within 30 days or 90 days.
Secondly, the defendants must explore the possibility of getting the suit dismissed at the beginning itself. They can file a petition under Order 7 Rule 11 of CPC to reject the plaint. This Order 7 Rule 11 has a few clauses, and you must check whether the plaint can be dismissed under any of these clauses. From your query, it appears that the suit may not have any cause of action or it may be barred by law. It is likely that clauses (a) and (d) of Order 7 Rule 11 may be attracted. You must consult a good lawyer who knows these things.
A petition under Order 7 Rule 11 can be filed at any stage of the suit, but it is better to file at the earliest. A petition under Order 7 Rule 11 should be decided based on the statements made in the plaint only and documents enclosed in the plaint only. If you make your own statements and if you enclose any other documents in this petition, they will not be considered. A plaint can be rejected under Order 7 Rule 11 of CPC only on the basis of statements made in the plaint and documents enclosed in the plaint. You can also file this petition before filing written statement also. So, consult good lawyers and check whether a petition under Order 7 Rule 11 of CPC can be filed to reject the plaint and dismiss the suit at the beginning itself. If you think he has no locus standi or share in the property, and if it is obvious from the statements made by him in the plaint, then this petition can be filed to dismiss the suit.
You can file written statement also and you can file petition under Order 7 Rule 11 of CPC also.
