Partition suit and injunction order
danny
(Querist) 18 April 2014
This query is : Resolved
dear sir,
I am a 1/20th shareholder in an ancestral property in Andhra Pradesh I have filed for a partition suit and injunction order restraining other coparceners from alienating the house without the approval of mine. I am staying in the house since 40 years and maintaining it. property is in the name of my grandfather and partition has not been done till now.
the court has admitted the partition suit but postponed the injunction order till further notice.
is it technically correct to sit on the injunction order when the other coparceners are planning to alienate the property ILLEGALLY, when they are not in POSSESSION of the said property?
and moreover there is no LEGAL NECESSITY as they have their own RESIDENTIAL HOUSES.
Anirudh
(Expert) 18 April 2014
For a coparcenary property, it is not the requirement that one has to be in possession. In fact, the coparceners are considered to have possession always.
Now, coming to the question of sale. If you are willing to buy the property you tell them. Otherwise, just because you reside in that property for 40 years does not mean that others cannot sell it.
You cannot have veto power just by having a fraction of the share in the property and thereby deny the benefit to other coparceners.
danny
(Querist) 18 April 2014
how about the injunction order?
and when they are resorting to illegal sale and forceful eviction.
Anirudh
(Expert) 18 April 2014
What is illegal? Are they not owners?
Where is the forceful eviction. If you do not agree either to buy or to sell, what else anyone would do? If you were in their position, what would you do?
ajay sethi
(Expert) 18 April 2014
agree with anirudh
Arvind Singh Chauhan
(Expert) 18 April 2014
Anirudh Sir is quite right. One cosharer can't seek injunction against other cosharer.
Rajendra K Goyal
(Expert) 18 April 2014
Well advised by the expert Anirudh sir, agree to it
danny
(Querist) 19 April 2014
what is the remedy for the plaintiff if the SUMMONS are RETURNED UNDELIVERED. and what will be the status of the partition suit?
Anirudh
(Expert) 19 April 2014
What do you mean by undelivered/ If it had been undelivered there would be some reason recorded by the postal authorities on the envelope. What is the reason that has been recorded.
danny
(Querist) 19 April 2014
I mean NOT ACCEPTED and few are NOT AVAILABLE.
my query is if in that case, what will be the status of the suit?
Anirudh
(Expert) 19 April 2014
Wherever the summons has been received back with the remarks "NOT ACCEPTED", the summons shall be deemed to have been served.
Wherever the summons have been received back with the remarks "NOT AVAILABLE", you have find out the correct address and take steps to re-serve those parties, by moving an appropriate application before the Court.
