Partition after losing the title suit.
Querist :
Anonymous
(Querist) 20 January 2011
This query is : Resolved
Dear Experts
i need your advice in following,
1. A father-in-law dispose all his coparcenary property in his hands to his adopted son by "will".(not givin any property to his widow daughter-in-law).
2. The adopted son file suit for title and win the case in which the widow daughter-in- law was a defendant, she contest the suit but suit degreed agaist her, since the widow not filed any document to prove that the suit property are copercenery.
3.In appeal also dismised that in the absence of any proof of copercenery, the suit properties can be consider as self acuried and the widow can not have share in it, and no appeal on that.
5. But the real fact is, all the property are ancestry properties there is enough proof for it.
In this situation can she file a partition suit in the property of her father-in-law (degreed suit property against her) by the evidence now in hand OR the degree given against her will bind her not to file partition.
Please answer me sir, thanking you.
R.Ramachandran
(Expert) 20 January 2011
Dear Anonymous,
One time you say that the suit was decreed against the widow since the widow not filed any document to prove that the suit property are copercenery.
On the other hand you say that "there is enough proof to show that all the properties are ancestry properties."
If enough proof was there why was not submitted / produced before the court during the crucial time?
Unless you explain this, it will not be possible to give any view.
Parveen Kr. Aggarwal
(Expert) 20 January 2011
Once you have lost the suit of title and it has been held that the adopted son is the owner of the property you cannot now initiate new litigation by filing suit for partition. The suit will be barred.
niranjan
(Expert) 20 January 2011
The finding that the suit property is not coparcenary property will create resjudicata.However if you have documentary proof that the same is coparcenary property and the decree obtained by the adopted son by concealing those documents,you can file the suit for declaration that the decree is obtained by playing fraud with the court and pray for partition.Further if the deft.failed to prove that it was coparcenary property could not mean that property is private property unless positive documents were produced in support of his say by the pltff.
Querist :
Anonymous
(Querist) 20 January 2011
Thanking you Ramachandran sir, Aggarwal sir and Niranjan sir. please find the judgements attached with this.
The fact is the plaintiff himself admited in pleading, in deposition that properties are coparcenery but court still need proof and misreading all.
Querist :
Anonymous
(Querist) 20 January 2011
Judgement in appeal
