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Preetam Thakur (MHA)     07 June 2019

Property inherited through a will.

A gets land property by a Will. He is not aware or informed of any litigations or dispute over the heirdom of entire or part of this property.

9 years later B gets a decree from the court on a suit for declaration to a part of the land property, against the person X who had written the Will in favor of A. It is because X had sometime back in the past inherited a part of his property through a Will which is found 'doubtful' by the court.

The decree does not include the name of A as respondent or " decree debtor"!
Even then the Revenue Officer has made mutation entery giving away part of that land to the decree holder/ beneficiary.

Whether A is legally bound to let the part of land go to decree holder?

Whether property got through a will carries any cumberence with it?



Learning

 2 Replies

Adv Rohit Dalmia 9324538481 (Lawyer)     07 June 2019

A needs to approach before the High Court and appeal against the decree and also obtain stay order against the execution of the Decree, which affects its right as A was not party to the litigation so as to defend itself before the Civil Court.

Hence, on this ground A can ask the High Court to direct the civil court to re-hear the case on merits and set aside the decree passed by it.

In case you need any clarrification, you may contact on the below mentioned number.

 

Regards

Adv. Rohit Dalmia

9324538481

Preetam Thakur (MHA)     08 June 2019

So many thanks Adv Rohit Dalmia Sir.

with Regards,

Preetam Singh Thakur.


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