partition suit

Querist : Anonymous (Querist) 06 December 2010 This query is : Resolved
I have to file partition suit .Some of the properties are sold by my brother with out my consent? For that suit is pending to declare sale null and void.In the partition suit whether I can ask for my share in the sold property or to declare sale null and void.Is it become subjudice? Or what I can ask for my share in the sold property?

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Arun Kumar Bhagat (Expert) 06 December 2010
You can ask for your share in the sold property.

s.subramanian (Expert) 06 December 2010
yes

Khaleel Ahmed (Expert) 06 December 2010
Such sale transaction shall be held null and void.

G. ARAVINTHAN (Expert) 06 December 2010
You have to show all those properties in the partition suit and also to make a claim of share on that

Kirti Kar Tripathi (Expert) 06 December 2010
yes, you can ask your share in the property sold. for this purpose you have to implead the purchaser as one of the defendant and also give give specific pleadings in this regard in the plaint.

JT Rajasuriya, Chennai (Expert) 06 December 2010
You have mentioned that there are many properties.
In partition suit you can only ask for your share (based on value). This may be provided out of the remaining properties too.
I don't think you can make the prior sale null and void unless you're able to show that your interest does not get satisfied thro' the remaining properties.
You must understand that your brother has a right too.