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Final decree in partition suit

(Querist) 14 July 2014 This query is : Resolved 
Respected Experts,

A suit for partition of house was filed by one of the 3 coparceners of Hindu Joint Family. Preliminary decree was passed.

Subseqently, Final Decree Petition was filed by the plaintiff stating that the property is not capable of division (admitted fact) and hence sought for auction of the property among the coparceners.

The problem is Plaintiff is financially sound and where as the defendants i.e. two other coparceners are poor. If auction is conducted among them, plaintiff will purchase the property at a throw away price causing loss to the defendants. Defendants sought to conduction auction among the parties to the list and also by inviting public to participate in the sale so that it would fetch a higher price benefiting all the parties.

Is there any way to convince the court to conduct public auction rather than among the coparceners?



uttamtibrewal@yahoo.com (Expert) 14 July 2014
dear client..
yes you can make a petition so and make a valuation of the property and accordingly quote the price...
Raj Kumar Makkad (Expert) 15 July 2014
The argument advanced by you in the query itself is a major ground to convince the court to put the property for public auction instead of auction among the parties to the petition.


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