Legal Question in Civil Litigation in India
Sir, My father-in-law transferred his ancestral property to his son. My wife (as his daughter has objected to the transfer of property. Due to this mutation of the property has not been done. My question is that whether she can directly file the writ in the Punjab and Haryana High Court for her share as she is the legal heir of that property also? Please guide.
Asked on 10/04/10, 8:48 am
2 Answers from Attorneys
Vishwa Arya
Arya & Co.
She does not need to file the writ petition in High Court as that would not be maintainable. Her remedy is to file the suit for partition before the district court
Answered on 10/04/10, 8:49 am
RAJIV GUPTA
(Cell: +91 9811284735) [email protected]
she has to approach the district courts and file a suit for partition and declaration. in case the pecuniary jurisdiction falls under High Court, she can approach the high court.
Answered on 10/04/10, 10:55 am
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