Partition matter
V.N.K. MENON
(Querist) 02 November 2017
This query is : Resolved
Background
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“E”Is the living senior most member of HUF.
A, B,C & D [who were elder brothers and sisters of “E”] since expired.
Each A, B, C &D (since expired) have descendants, say 3, 5, 4, 6, each respectively, and each descendant has his own families - huge.
Status of the matter (in Kerala): “E” the Plaintiff filed a partition suit through an advocate “P” making all living members as defendants.
Question:
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This is my case & shall appreciate a considered opinion from experts
(1) Whether, I (defendant in the suit), being a descendant-member, is obliged to pay advocate’s fee to “P” over and above stamp duty.
(2) There is an ex-parte order for partition. Without the knowledge some members, some other members took their shares on the strength of the exp-arte order.
Dr J C Vashista
(Expert) 03 November 2017
Incomplete information can not lead to form an opinion, discuss with a local senior advocate
Vijay Raj Mahajan
(Expert) 03 November 2017
Cost for the litigation or advocate fee of the plaintiff, if has been ordered by the court to be paid by defendant that will have to be paid.
Ex-parte order can be set aside by all those defendants who were not served with court notice, by moving application under Order 9 Rule 13 CPC in the court where the suit was decreed. The suit will be reopened by the trail court if there is sufficient ground for setting aside the ex-parte decree/order against the defendant who seek setting aside the ex-parte order against him.
V.N.K. MENON
(Querist) 03 November 2017
thank you Ld. Vijay Mahajan for the valuable tip.
Rajendra K Goyal
(Expert) 03 November 2017
Agree with the advice from expert Vijay Raj Mahajan.
Kumar Doab
(Expert) 04 November 2017
The post mentions about HUF in Kerala. The HUF might have been formed outside Kerala.
Rest you can benefit from post of Mr. Vijay Raj Mahajan.
