partition from brother and grandpa.
M/s. Y-not legal services
(Querist) 01 September 2010
This query is : Resolved
A civil suit. Suit for partition.. There totally two immovable properties and 5 lakhs rupees bank deposit on the name of deceased father. Also 8 lakhs rupees debts pending on the immovable propertys. I am for the plaintiff. Plaintiff vs 2 defendants. D1 is a brother of the plaintiff, d2 is grandpa of the plaintiff. Plaintiff and d1 are brother and sister. I know grandpa stands on class-2 legal heirs. i added the grandpa also, for a reason is there. Totally 5'l money asset. But 8'l liabilities. So 3'l plaintiff and d-1 have to be share as 1/2. For make my client comfortably i added the grandpa also.. Now the liabilities are 1/3 know. I thought matter wil compromised. But my great mistake.. They ready to 1/3 liabilities, but they didn't ready to give any one property to allot me. There also they stands for 1/3 share. Its full of my negligence only. Give me solutions. Please. Time is too short. NOTE. D-2 in the custody of D-1.
M/s. Y-not legal services
(Querist) 01 September 2010
In this matter my clients don't know the fact, that she having 1/2 of the share on immovable properties. I have to secure my client. The compromised decree filed. But not yet recorded. September 4th its posted for marking of documents. Whats my solution, can i file amendment plaint as miss jointer?
s.subramanian
(Expert) 01 September 2010
yes. you do it immediatley and also amend the quantum of shares in the plaint accordingly.
R.Ranganathan
(Expert) 02 September 2010
I don't think the court will allow the amendment. You have committed a grave mistake and will have to bear with it. Further D1 will oppose this and will produce the compromise agreement entered into between you and the Defendants.
