Dismissal of partition suit
Querist :
Anonymous
(Querist) 31 August 2011
This query is : Resolved
A partition suit claiming equal rights was initiated by my sisters in the district court in Tamil Nadu. The suit was dismissed. An appeal petition was submitted by the petitioners. In the appeal petition, one of the sister’s husband signed on behalf of his wife and submitted the petition to the court. When it came to my notice, I brought it to the notice of my lawyer about the forged signature of my brother-in-law but my lawyer refused to bring it to the notice of the judge saying that as long as my sister has no objection, it does not have any effect and argued that the court will see only if they are legal heirs. Anyway, I too did not insist for taking up the forged signature and allowed the suit to continue. The suit was dismissed again for the second time for default of the petitioners without partitioning the property.
Now my question is
1) Whether my brother in law can be sued for the forged signature of my sister ?
2) Since the suit has been dismissed without partition, what is the way out so that we, the brothers can sell the property and resolve the issue ?
I humbly request the learned lawyers to give their valuable opinion.
Thanks & Regards
Devajyoti Barman
(Expert) 31 August 2011
1. No unless it could be proved that he indeed forged that signature or impersonated her with criminal intent.
2. All the legal heirs can execute a mutual deed of partition.
Moreover since refusal to partition the property is a continuing cause of action, any of the legal; heirs can file suit for partition afresh.
R.Ramachandran
(Expert) 31 August 2011
You have not told the exact facts of the case.
You have also not told why the suit for partition filed by your sister was dismissed.
Without knowing these details, it is very difficult to give any view to your query.
M/s. Y-not legal services
(Expert) 31 August 2011
Yes. As of ramachandran sir's advice you have to stated the correct fact. And you can't sue against your brother in law unless the concern person denied her signature. If she agree that its her signature mean there is no case.
M/s. Y-not legal services
(Expert) 31 August 2011
Since you are from tamilnadu, also your case reg a second appeal.. If you need any more help mean just contact me sir..
Querist :
Anonymous
(Querist) 01 September 2011
Respected Sir,
The property is a very old house which is more than a century old and is in a very bad condition & unfit to live in. The sisters out of jealousy and personal indifference wanted to ensure that the property is not sold and the brothers are not getting anything out of it since they could not enjoy the same. So, delibarately they avoided attening the trial and aloowed it to get dismissed by default due to absence of the plaintiffs.
