Nature of grievance

SUIT FOR A LEGACY OR FOR A SHARE OF A RESIDUE BEQUEATHED BY A TESTATOR OR FOR A DISTRIBUTIVE SHARE OF THE PROPERTY OF AN INTESTATE AGAINST AN EXECUTOR OR AN ADMINISTRATOR OR AN ADMINISTRATOR OR SOME OTHER PERSON LEGALLY CHARGED WITH THE DUTY OF DISTRIBUTING THE ESTATE: Where a person is entitled to any property, movable or immovable, by virtue of legatee or beneficiary under a Will or having a share in the estate of a deceased person died intestate (without making a Will) –A Suit may be filed for the said legacy or for the aforesaid share, against the executor or the administrator or some other person who is legally charged with the duty of distributing the estate of the deceased, within 12 years from the date, when the legacy or share becomes payable or deliverable, under Article 106 of the Indian Limitation Act, 1963.

Under the law, broadly, three distinct actions lie in respect of an immovable property, namely – (a) When a cloud is raised over a person’s title and he does not have a possession, a Suit for declaration and possession, with or without a consequential injunction is the remedy; (b) Where a person claims title or interest, but he is out of possession, he has to sue for possession and consequential injunction, may be alongwith declaration to his title or interest; (c) Where there is merely an interference with a person’s lawful possession or where there is a threat of dispossession, or where there is a frustration or interference in the free and full enjoyment of the property, it is sufficient to sue for an injunction simpliciter