Coparcener right
rajvinder singh
(Querist) 11 August 2012
This query is : Resolved
if any coparcener is excluded from joint possession or enjoyment, he is entitled to enforce his right by a suit
by which suit ?what will be the title of the suit.
how he can get the possession back?
prabhakar singh
(Expert) 12 August 2012
We do not need to write name of the suit on top as title in any kind of the suit.
Title of suit is always the Court's name and parties name to gather with suits' registration number.
In suits we simply need to assert and aver the right we have and the infringement thereof to gather with date to show cause of action and that suit is with in limitation and to pray the reliefs we are entitled to.
So it is the relief clause of a suit that gives it a name.Any coparcener unlawfully facing dispossession by ouster in hostile manner from his counterparts shall obviously seek relief of possession.
Otherwise,among several coparceners possession of one is presumed to be that of all in law.
JANAK RAJ VATSA
(Expert) 12 August 2012
all coperceners are the joint owners of the property and if any one has been dispossessed of the same by any act on the part of others , is legally entitled for the joint possession and enjoyment
R.K Nanda
(Expert) 12 August 2012
Already replied by me.
