Three son's but Father executed a registered Will dated 1985 in favour of two son's A and B. Father was died in 1988. Thereafter in year 1988 mutation was entered in name of three son's as a natural succession. Two son's A and B was not file any object at the time when mutation was entered by natural succession in favour of all three son's A,B and C. Thereafter all heirs sold their some share in suit land. Plaintiff (Son A) file a suit for declaration of Will in year 2010 after 22 years. Prior to filing a suit for declaration of Will plaintiff (Son A) in 1994 compromised with defendants (Son C) they will never file a suit on the basis of registered Will.
Q. Can estoppel enforce on plaintiff (Son A) ?
In year 2001 plaintiff sold their land of share.
Q. Knowledge of plaintiff (Son A) prove or not when he was sold thier share in year 2001 ?
Q. Suit within Limitation?
Q. Limitation period in declaration suit?
Q. Result of suit Decree or Dismiss ?
Plz give me answer.
It all depends on the plaintiff's ability in making convincing representation for keeping silent all these years or establishing the knowledge of a fraud recently. It is a difficult proposition to convince for silence on all these years. However, if there is suppression and fraud by one of the parties a chance may be taken. No one can foretell for certain in such success in any court case.
