IMP C

Chetan (Querist) 30 August 2010 This query is : Resolved
That the father of X is a tenant over a trust property, The TRUST had sold that property to third person without informing the father of X, At present that property is in possession of X, X had other 4 brothers.
The third person filed suit for possession and mesne profit against all the brothers.

Whether the third person entitled to file suit against all the brother (Father of X died in 2002) ?

What is the liability of other 3 brothers of X who had made parties ?

Whether the 3 brothers demanded their share in that property to X ?

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adv. rajeev ( rajoo ) (Expert) 31 August 2010
X was a tenent, so no body has share in that property. Now the absolute owner is third party he has right over the property.

s.subramanian (Expert) 31 August 2010
I concur.

Uma parameswaran (Expert) 01 September 2010
As a present owner third party can file a suit for possession and mesne profit.

R.Ranganathan (Expert) 01 September 2010
I agree with the experts. Further your query also is not understood. You say father of X is a tenant in the Trust property. Then you say father died in 2002. How you are claiming share in the property for the brothers is not understood. No tenant can claim a share in the owner's property.

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