Suit for declaration and possession
M Satyanarayana
(Querist) 20 August 2014
This query is : Resolved
Sir/Madam,
A party in the partition suit who is L.R. claiming her specific share in partition suit on the basis of Registered Will after preliminary decree in place of deceased plaintiff at the stage of pending advocate commission for metes and bounds can file a separate independent suit for declaration and possession in the court for her share simultaneously . The partition suit is already delayed and can go on for years I think it is the best option for Party claiming share in the partition suit.Please kindly advise/suggest whether it is possible to file suit.
Thanking you,
MSN
ajay sethi
(Expert) 20 August 2014
if preliminary decree has already been passed suit wont go on years as apprehended by you .