Can a partition suit for a jointly owned property be filed separately from a rendition of accounts relating to a deceased parent's estate?
I am one of two siblings. My sibling and I jointly own an immovable property. I propose to file a partition and separate possession suit in respect of that property alone.
Separately, there are issues relating to my deceased parent's estate, including bank accounts, rents collected from another property during the parent's lifetime, expenditure on the parent's care, and the final settlement of accounts between the legal heirs.
I have received conflicting legal advice. One advocate says these are separate causes of action and may be pursued independently. Another says that filing only the partition suit may invite an objection that I omitted a necessary claim, amount to splitting the cause of action, or that I am not approaching the court with "clean hands."
My questions are:
- Is there any procedural bar under the Code of Civil Procedure to filing the partition suit first and a separate suit for rendition of accounts later?
- Can the defendant successfully object on the ground of omission of a necessary claim or splitting the cause of action?
- Are there any Supreme Court or High Court judgments directly on this issue?
I am looking for the legal position supported by statutory provisions or case law.
