Civil Procedure Code (CPC)

Suit

This query is : Resolved 
 

(Querist)
21 October 2010

HI...

Can i file suit for property which is already disputed between my father and uncle...
the property belongs to my late grandfather...
Now, as a elder grandson i want my share in the property, the property is in my father`s possession and i live with my father only...


Devajyoti BarmanOnline (Expert)
21 October 2010

If you have got locus standi then you could apply for getting added in that suit by filing application under order 1 rule 10. If no partition suit is pending then you could also file such suit claiming for your share.

sachin sethi (Expert)
21 October 2010

You have not described the nature of relief about to be claimed by you. However during the lifetime of your father you can not claim any share even in the ancestral property. More so, if you file any other suit during the pendency of earlier suit as mentioned by you, the opposite party may apply for stay of the subsequent suit while alleging you acting in connivance with your father. However as advised by Dev you may apply under order 1 rule 10 CPC, if you have any locus standi in the already pending suit.

R.Ramachandran (Expert)
21 October 2010

You have not indicated the nature of the property.
(1) Whether the property was self-acquired property of your grand father or ancestral?
(2) When did your grand father die?
(3) Whether your father and uncle are your grant father's only sons?

Kirti Kar TripathiOnline (Expert)
21 October 2010

I concur with Devajyoti. in case, you have any interest in the property, you has a right to get impleaded in the suit. otherwise partition suit is also a remedy.

Sri Vijayan.AOnline (Expert)
21 October 2010

You wait for the disposal of the present suit

Sathyan A.R. (Expert)
22 October 2010

from whatever i gather from your statement the property belonged to your late grandfather and is in dipute in court.As a member of Hindu coparcenery you have right to claim on the ancestral property being a co parcener as a child in womb is also a coparcerner.
But a cause of action to claim a partition right in my opinion will be ripe only after the dispute is settled by the court befoe whom it is pending.

Impleding as a joindeer is having its own limitations
my sugestion is since you dont have any dispute with your father let the suit be contested by him and wait for the decison.
A.R.Sathyan

Rajeev kulshreshtha (Expert)
22 October 2010

I also agree with Mr. Barman.

ashish lal (Expert)
22 October 2010

I agree with Mr. Barman

s.subramanian (Expert)
24 October 2010

Mr.Sathyan is right.



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