(Guest)

Question on partition suit reply- ec

hi,we have a commercial business land bought by my dad that we want to sell desperately..now all of a sudden one of the brother pops up and claims that the initial investment for this property came from the grandfather' fund in retaliation to a already pending family partition suit case.. basically,his intention was to pull in all our property into this partition suit case just to threaten us..he is doing this with other brother as well just to shut every one off with some reason. dad had expired 5 yrs back,. and the partition suit was going for the last 10 yrs..

now, my question is -
1. will this mention of our property in his reply to the partition case have any effect with respect to we proceeding it will selling.
2. will it show in the EC that he also has a share on the property just by his mere reference of this property into the partition suit reply by the brother.if not, at what point will it start showing in the EC..he clearly is trying to threaten us this way...but we want to know that we have no obstacles while going through the sale process because of mentioning of this property in the partition suit case reply from him..

Reply Follow

2 Replies

T. Kalaiselvan, Advocate (Advocate) 22 February 2015

From your query you appear to be fully confused and are afraid of unnecessary issues. There is nothing to fear as what you understand is just your own imaginations. If your brother in his reply to the suit has stated that this property purchase was funded through the grandfather;s funds, it is is duty to prove his statement with documentary evidence. This type of mis-statements are common especially if the defendant is trying to jeopardise entire suit for his wrongful gains. You may fight it out during trial. Also, this issue has got nothing to do with the EC. Just ignore the issue and concentrate on your own case.

(Guest)

thanks for the reply sir.. in case if we were able to prove this, is there any way to get him reprimanded by the court for bring up false matters and taking court's time..he needs to understand it in a harder way that it is not going to easy to get out after giving false statements like this..pardon me, this is not my imagination again..but we want to give him a stern warning so that he thinks twice before bring up such false and frivolous matter in future of this case.