Procedure to claim share grandfather's self acquired property


Sir, I am 80 years old citizen I have a decree for in my favour and execution is pending against my daughter in law as JD in execution. Now JD admitted that she had left the property but now my tow Major unmarried daughter have filed a fresh suit on same property. While my son (govt servant) is alive and giving the maintenance under 125 crpc to all her. I have filed application 7(11) cpc for no cause of action which is pending for order then they filed 6 (17) for amendment also hon'ble judge accept the 6 (17) on cost and I have to give reply on that still both application are pending. Hon'ble asking to us that whether the suit is barred by please can provide me the law which I can place on record in favour of my order 7 rule 11 cpc.


Answers (3)

Before talking the routine civil litigation.Approch DM/SDM under Maintainance of Senior Citizen Act and claim the religion and maintainance from all your son and daughter.After talking this step Approach High Court if problem not resolved.


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There is no particular law on this point. The application under order 7 rule 11 filed by you will be heard by the judge and also the application under order 6 rule 17 filed by the opposite party. It is under the discretion of the court and also on merits if your application under order 7 rule 11 is acceptable then no case is made out and the execution order will be passed in your favour. I suggest you need to hire the best Advocate to argue your application under order 7 rule 11.

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I’d request you to be more specific for the factual summary provided by you is not particularly helpful. It’s difficult for anybody to help you without knowing the nature of the decree against your daughter in law, and the facts of the suit brought by your daughters. If the original suit was for declaration under Section 34 of the Specific Relief Act and was filed by you, the declaration only binds the parties to the suit and those claiming under them in view of Section 35 of the said Act. However, this is all speculation on my part. I don’t know on what grounds you have filed the apppication for rejection of Plaint under the second suit. Please provide more details and enable me to help you better.

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