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Gurkirat Singh   04 December 2022

property dispute

An old man Ramesh Aggarwal aged about 68 years is suffering with Carcinoma
disease. Ramesh earned a lot of properties both moveable and immovable with
the assets of his own as well as with the income of his father. Among those
properties one Building was earn with his own earning which worth 25,00,000.
He had one son by name Rahul and one daughter by name Kritika. His daughter
only was looking after him. So, Ramesh executed a will with regard to that
building in favour of his daughter Kritika, on 12-08-06 and he is died on 9-2-
2007. As per the will, Kritika tries to take possession of that building, but Rahul
objected to do that act. Kritika try to tell him. Hence Kritika wants to file a suit
for declaration and injunction basing on that will.
ISSUES INVOLVED IN THE PROBLEM
1. Whether daughter is entitled to get the share of the father’s property or not?
2. Whether that will made only in favour of daughter is valid or not?
3. Whether plaintiff is entitled for declaration of title over the property and
of
permanent injunction or not? please tell me answer with case rafrence


Learning

 4 Replies

Shashi Dhara   04 December 2022

First she shud have filed petition  for probate and succession certificate ,if he challenged will genuineness  she would have defended in court.

1 Like

Advocate Bhartesh goyal (advocate)     04 December 2022

 ( 1 ) Daughter is entitled to get share in property of her father if father died intestate but if there is any will then ownership will be determined as per will.

 ( 2 ) if father's will in favour of daughter is duly signed by him and two witnesses then will is perfectly valid.

 ( 3 ) plaintiff ( daughter ) has right to get declared the ownership of property on basis of will and also has right to get restrained his brother by coutt.

1 Like

Gurkirat Singh   04 December 2022

sir case law reference send please

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     04 December 2022

a legal heir is an individual who takes the place of the property of his/her ancestor, either by law or by a will.


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