Partition

prakash vka (Querist) 15 December 2017 This query is : Resolved
MY FATHERS SECOND WIFE NOT LEGAL MARRIED TO HIM HAS FILED AN PARTITION SUIT. I WITH MY SISTER FILED AN COUNTER TO THE COMPLAINT ONE YEAR BACK THROUGH AN ADVOCATE . BUT AT THIS STAGE I WISH TO WITHDRAW MY COUNTER FILED WITH MY SISTER AND FILE A FRESH COUNTER .BECAUSE I HAVE A TWO THIRD RIGHT OVER THE PROPERTY WHICH WAS MISSED OUT BY MY ADVOCATE.WHAT IS THE PROCEDURES FOR FILING A FRESH COUNTER TO THE COMPLAINT..

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Advocate Bhartesh goyal (Expert) 16 December 2017
File application u/o 6 r 17 cpc and get amended your counter.Don't withdraw your counter.

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P. Venu

(Expert) 16 December 2017
Yes, the written statement could be amended. However, the partition suit itself may not be maintainable by the second wife, if the marriage was not valid. It is also not understood how you can claim an enhanced share in the property.
It appears that you have not posted the complete facts.

Dr J C Vashista (Expert) 18 December 2017
Why do you not stick to the advise and guidance of your lawyer?
Why do you need second opinion of experts on this platform except the fact it is available FREE OF COST, which may cause to spoil your case easily.

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