PROPERTY PARTION
SURYA
(Querist) 02 July 2010
This query is : Resolved
Hi ,
There is a civil suit between the father and the son , in which earlier father has all the properties which were not self acquired properties in his name in the records which were registered records , but after the suit for partition was filed by the sons he started disposing of the properties from his name to some other relative name or some one else name or just sold to some one to just show that he was not the owner as he is denying to be owner in all the above properties because if he admit it he has to give the share but now the property were sold to some third party with out partition , so what is the alternative avalible with the sons in civil sense does son still have right and what can son do to set all thing right again.
Surya
Devajyoti Barman
(Expert) 02 July 2010
The sale in lis pendence is not biding. If any of the properties is still left then either pray for attachment before judgement or for injunction till disposal of the suit.
SURYA
(Querist) 02 July 2010
can you be more precise and simpler .
thank you
adv. rajeev ( rajoo )
(Expert) 03 July 2010
father has sold some of the suit properties during the pendency of the suit. In such case sale of the properties during the pendency of the suit will not bind on the sons. The party who have purchased such properties will have to ba made as parties to the suit.
But father can dispose his self acquired property.
You can file an application for interrium injunction order againt the father as not to alienate.
Sons can also do one thing let them give a public notice warning the public not to purchase the suit properties and suit is filed for partition.
Inspite of it father sells the property then his share will be adjusted to the already sold suit properties.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 03 July 2010
Unless you can prove that father disposed the properties inharited by him and not self aquired ; you have no solution.
Morever it can not be believed and relied upon that just to depossess son the father disposed property to others. You have to show strong motive.
Uma parameswaran
(Expert) 03 July 2010
Father has the right to dispose his self acquired property.Collect all the documents in related to sale and produce before the Court.You can also make the buyers as parties in the suit.
