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Manjunath   22 July 2019

Can I ask for settlement

I am one of the many defendants in a civil case for partition and injunction. Actually it does not even affect me as I validly purchased a plot of land and the fight is between siblings of the seller for remaining propeety as he died intestate. In the plaint, i am named to be in presence. So can i approach the plaint's lawyer for settlement to communicate to plaint i dont want any part in their fight and to drop me among list of defendants?


 4 Replies

G.L.N. Prasad (Retired employee.)     22 July 2019

The presumption is that you might have purchased a property which is in dispute among co-sharers, and as you are the purchaser, they have also made you a party.  Unless you are summoned there is no need for you to take part in the proceeding.


1 Like

Shashi Dhara   22 July 2019

Ur defence is least don't worry

Shashi Dhara   22 July 2019

Ur defence is least don't worry Ur advocate will defend

G.L.N. Prasad (Retired employee.)     22 July 2019

Without facts and your relationship with the sellers and your knowledge on disputes etc., proper guidance is not possible.  You are evincing interest means that you are aware of the dispute and might have withheld some amounts with you without paying to the seller, and obtained such letter of authorization from the seller to keep that part of the consideration as security and in case of disputes can utilize that amount towards payment to the other co-sharers.  If you are innocent third party buyer you need not worry, and it is in your interest that you have to get acquaint yourself with facts to rule out collusion in between the parties in the suit.

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