Claim for legal heirship on basis of Will - He cannot claim his impleadment in suit for declaration of sale deed as null and void, as legal heir of deceased plaintiff.

Citation

AIR 2015 MADRAS 298

MADRAS HIGH COURT (Principal Seat at MADRAS) SANJAY KISHAN KAUL, C.J. and T. S. SIVAGNANAM, J.

O. S. A. No. 174 and M. P. No. 1 of 2015, D/-7-9-2015

M.V. Krishna Rao (deceased) v. K. Shivakumar

Succession Act (39 of 1925), S.57(a), S.211 - Civil P.C. (5 of 1908), 0.1 R.10 - Specific Relief Act (47 of 1963), S.34 - Claim for legal heirship on basis of Will - Is not tenable without initiation of probate proceedings by claimant - Since initiation of same is mandatory in Chennai Court in view of S. 57(a) of Act of 1925 - He cannot claim his impleadment in suit for declaration of sale deed as null and void, as legal heir of deceased plaintiff.

AP No. 2171 of 2011 is C. S. No. 925 of 2010 dated 5/12/2014, Approved.

AIR 2010 SC 344, Disting.

(Paras 8 11 12)