Regarding partition suit

Querist : Anonymous (Querist) 05 December 2022 This query is : Resolved
My grandfather had 10 acres of land with his two sons.he sold 1 acres with his sons.after death of my grandfather one son has filed the suit for 10acres and got preminilary decree for 10acres,instead of 9 acres he has mentioned 10 acres in plaint,is the preminilary is sustainable or may be dismissed in final decree

Follow Query

Report Abuse

kavksatyanarayana (Expert) 05 December 2022
If any interested defendant may file a counter in the court.

SHIRISH PAWAR, 7738990900 (Expert) 06 December 2022
Hello,

You have to challenge the preliminary decree. If it is not challenged then the decree is valid. It is a good ground to challenge.

Dr J C Vashista (Expert) 07 December 2022
You have not clarified which "one" of the two sons have sold 1 acre land with his father and which one has filed the suit for partition of 10 acres of land?
What is the opinion and advise of your lawyer, if you are a party to lis ?

Advocate Bhartesh goyal (Expert) 07 December 2022
You have no option except to file appeal and challenge the preliminary decree.

P. Venu (Expert) 16 December 2022
Obviously, the other son (and other legal heirs, if any) are the necessary defendants in the suit. Have they, in their written statement, disclosed the sale of part of the suit property?