Partition and share
adv. rajeev ( rajoo )
(Querist) 04 March 2016
This query is : Resolved
my client is one of the legal heirs of the deceased. Now she has filed a partition suit claiming her share in the ancestral property, but her brother has sold the property long back, the purchasers also parties to the suit. These purchasers have filed a written statement stating that long back suit property is sold to them and without seeking the declaration suit is not maintainable and plaintiff has no locus standing to file this suit.
According to me the person who sold the property has no right to sell entire property, he could have sold his share only. So suit is maintainable and plaintiff has got share.
Let me know your opinion learned members and if any ruling let me know.
Thanks
Advocate Ramesh
(Expert) 05 March 2016
sir, The suit is maintainable. Kindly provide the details that when her father expired. and when the property is sold whether the property is house of agricultural land etc. So that we can elaborately discuss.
adv. rajeev ( rajoo )
(Querist) 05 March 2016
Dear Ramesh,
Her father died long back. IT is an agrl., land sold by the brother of the plaintiff.
adv. rajeev ( rajoo )
(Querist) 05 March 2016
I forgot to say that. Mother of the plaintiff and wife of the brother of the plaintiff and sons and daughters had filed a suit for declaration to set aside the sale deed executed by the deceased brother of the plaintiff. That suit is dismissed in the year 1980.
In my opinion plaintiff was not the party to the suit and deceased had no right to sell the entire property> Hence present suit is maintainable. Am I right or wrong? let me know
Dr J C Vashista
(Expert) 08 March 2016
1. When did the plaintiff came to know the sale transaction? When did the father die?
2. Prima facie suit is barred by limitation
(and hit by the provisions of Or. II Rule 2 CPC---I am not sure till I know the facts of the case, which you did not disclose in this query).
3. Particulars of suit, relation of parties to the suit and contents of the suit are bit confusing in the query, discuss/ consult a local senior/prudent lawyer for proper opinion and advise.
