Award to planitiff
Querist :
Anonymous
(Querist) 29 December 2011
This query is : Resolved
In the partition case there are two sons and three daughters, all married with children.
Now the youngest daughter has gone to court for partition, arguing there was no partition taken place at all. Two sons and two daughters gave statements in writing to the court that partition has already done by parents (deceased now). They specifically say in their written statement that they all(two sons all three daughters) have received their share from that partition. They answer same way during their cross examination in front of the judge. However, the court declares that the third daughter (plaintiff) is now entitled to her share.
The question: Because of this judgement, can the other two sisters (who have given in written statement that their share has already be given to them)ask for a share now because of the judgement?
Thanks for your reply.
prabhakar singh
(Expert) 29 December 2011
Has the court not believed on the partition pleaded or it has found that no share in that partition was allocated to plaintiff alone.?????????This can be ascertained only by looking into judgement.
In case the previous partition has been disbelieved by the court,and have decreed a fresh partition deciding share of plaintiff to be allocated separately,then in a partition suit every party is treated plaintiff for his part of share for which no fresh suit would be a necessity as each of you can also get your share allocated in the same proceedings by paying court fees and registration fees of your part of the share.
Fresh suit is not a necessity.
Devajyoti Barman
(Expert) 29 December 2011
If the judgement speaks only about that particular sister then others can not take benefit of it.
Moreover since they have already deposed about getting the owlety money, how could they now retract from their position?
So do not worry about other sisters.
Querist :
Anonymous
(Querist) 29 December 2011
Thank you Mr. Prabhakar Singh and Mr. Devajyoti Barman and Mr. Rajeev Kumar.
The court decreed the suit of the plaintiff holding that the properties are joint family properties and plaintiff has got 1/18th share in those properties. The court has not commented about whether partition has already happened or not.
(Please note all the parties in the suit (two sons and two elder daughters) except the plaintiff has declared in the court in writing and through cross-examination that partition has already taken place and they have received their share already).
Mr. Prabhakar Singh, please see the following two facts:
(i) the court has not commented anything about the original partition and
(ii)all the parties except the plaintiff declared the partition is already done and they have received their share.
Now, after the above said decree by the court in favour of the plaintiff only, can any party except the plaintiff claim share NOW as though no partition has taken place at all in spite of they themselves have declared in the court that partition has already happened?
The key issue here are that all four parties (two sons and two elder daughters) have declared that partition has already happened and they got their shares and the court has awarded a share in the schedule properties to plaintiff ONLY.
Please comment.
Thank you
Querist :
Anonymous
(Querist) 30 December 2011
Mr. Prakash Singh and Mr. Devajyoti Barman,
My email address is shukrainternationals@cogeco.ca.
Can you communicate with me via email? I have something to discuss.
Thank you.
