• Dismissal of case

Hello sir,
1) A judge in Hyderabad has recently dismissed our case on the grounds that none of our lawyers were present at the court hearing. This case was pertinent to a property dispute between our family members. I was just wondering if in this situation I could register my house with my dad's will who is deceased. 
2) Furthermore, I was wondering if any of my family members could potentially reopen this case and what its status would be once the said case is reopened? 
3) Due to the unforeseen circumstances of my father's death, my mom is currently left as a widow. So I was wondering if my mother can write a will pertaining to properties on my father's name and if the said will would be viable?

Thank you and have a great day!

,
Asked 4 years ago in Civil Law

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

10 Answers

1. Get the will probated and then the clauses of the will can be executed.

2. Yes the case can be reopened and then the case will be restored at the stage from where the case was dismissed.

3. She can not will the property until and unles the property is transferred to your mother name. The said will if any will be involid.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. If you have filed the case the court would have dismissed the case for for default and not for the advocates not representing the case.

It is the duty of the litigant to attend the court on the dates or hearing or at least to be in touch with the advocates to confirm the progress.

You may go through the copy of the order and see it for yourself.

If you have filed the case then you cannot advantage of this situation.

If there is a will, then you can get it probated and then act on the will for further actions.

You can file a petition under order 9 rule 9 CPC seeking to restore the suit which was dismissed for default.

2. Yes, the plaintiff can file a petition to restore the case as suggested above.

3. Your mother is just another legal heir to your Father hence she cannot transfer the entire property by a will to you, she can transfer only her share in the property.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

1) it is better you apply for probate of your father will

2) probate is judicial proof that will is genuine

3) family members can take out notice of motion fir setting aside order of dismissal

4) court would set aside order of dismissal in interests of justice on payment of costs

5) mother can execute will for her share in property

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

The case is dismissed for the default an application for restoration of.case on same number can be filed if the application is.accepted then the order of dismissal will be set aside and case will be restored to its stage it last running on before.dismissal. if the case was running on your.fathers name than the legal heirs can be brought on record and along with the restoration.application.

The case will be restored.to it's original position it was on before dismissal.

No your mother.cannot dispose of your father's properties by will the properties will.n distributed by the law of succession among all legal heirs. A will can be made.by.the person having title.of.property your.mother cannot make it on your father's name. In this.case your father has demised imtestat and the laws of Succession shall apply.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) If a suit is dismissed for "default" on any reason, you have to file a petition under Order 9, Rule 9 CPC before the court, where the suit was dismissed. In case of non filing the said petition within the stipulated period, you can also file a delay condonation petition under Section 5 of Limitation Act.

2) If the property is in name of your deceased father's than get registered all legal heirs name on the property.Than you will be able to make a WILL from your mother.

3) If your father had made any WILL and if that is registered deed than it can be excuted.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Dear Querist

you may read my opinion on your another post

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

1. If currently there's no Court order into operation, restraining you from doing so, you are free to register this house.

2. Yes, it can be opened. Once restored, it will proceed from the same stage where it was left, the matter having been dismissed.

3. Any such properties that have been inherited by her post demise of your father, can be bequeathed by her by means of a will.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Dear Client,

What is the actual dispute in court, who filed it ?

On the basis`s of WILL, property inherit in your u and so the title. Get it transfer.

How can advise the status of case, without knowing the nature of dispute, well if it reinstate, it will assume same stage/status and orders effective before dismissal.

WILL cannot be executed in dead person favor.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Dear Sir,

Answered your questions as follows:

1) A judge in Hyderabad has recently dismissed our case on the grounds that none of our lawyers were present at the court hearing. This case was pertinent to a property dispute between our family members. I was just wondering if in this situation I could register my house with my dad's will who is deceased.

Ans: In such case before it is reopened or appeal/revision is preferred you have every right to act according to your wish and get transfer the house in your name as per Will of your father.

2) Furthermore, I was wondering if any of my family members could potentially reopen this case and what its status would be once the said case is reopened?

Ans: Yes, by filing a miscellaneous application by other party it can be reopened but only after serving a copy upon you.

3) Due to the unforeseen circumstances of my father's death, my mom is currently left as a widow. So I was wondering if my mother can write a will pertaining to properties on my father's name and if the said will would be viable?

Ans: No, your mom cannot write Will pertaining to properties standing in the name of your father. For more issues please call me.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Hi, the case can restored after filing appropriate application.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer