partition Suit

Querist : Anonymous (Querist) 23 November 2010 This query is : Resolved
Properties situated in different district and also in two states. Whether partition suit can file in one state or two partition want to file to get the share from two state? Thank you.

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Devajyoti Barman (Expert) 23 November 2010
You have file suit for partition in the Original Side of the Hiih Court for one State. For other State in another High Court.

s.subramanian (Expert) 23 November 2010
I disagree. You have to file one comprehensive suit for partition comprising all the properties in diffferent states in one civil court having territorial jurisdiction over a part of the properties. This is laid down by Sec.17 of CPC. If you do it in different courts by way of two suits,both of them will be dismissed on the ground of partial partition,which is a very serious technical and incurable defect.

Adv Archana Deshmukh (Expert) 23 November 2010
The suit can be filed in any state, in the court where any part of the property is situated. One single suit is to be filed for all the properties. I agree with S. Subramanian sir's reply.

Devajyoti Barman (Expert) 23 November 2010
Yes, I stand corrected.

Tarun Thakur (Expert) 24 November 2010
Subramaniam sir is correct. Partial partition is not allowed..

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