Partition of mango orchard
Prabodh Kumar Acharya
(Querist) 10 February 2019
This query is : Resolved
Sir, Whether in a Partition Suit, is there any legal compulsion to make necessary parties to some co-sharers, whose whereabouts are not known and they have never come to the village for over 50 years to claim any of their property rights or mesne profits. I am also sure that they will never come to the court if the partition suit is filed. There is also no chance that they will be able to know regarding the partition suit to be filed after a short period of time. The co-sharers who are present and available, they will be made necessary parties, but those who are not present and whose addresses can not be collected after due diligence, those will not be made as necessary parties.
So, I am in doubt, that, is there any legal impediment to file a partition suit by ignoring those co-sharers whose whereabouts and addresses are not known and they have no claim to their property rights for over 50 to 60 years. Is there any judgment of The Supreme Court or any of the High Courts.Please, enlighten me regarding this issue.
Kishor Mehta
(Expert) 10 February 2019
In a suit for partition every partner has to be necessarily made a party.
kavksatyanarayana
(Expert) 10 February 2019
How did you file partition suit without addresses of the other co-sharers? For partition of property all the co-sharers shall be made party.
