Muzmmil Kadiya 03 May 2020

Declaration & partition suit

Is it mandatory to All properties should be maintion in suit of declaration of share between partys? and if in a suit all properties should not maintion ; a suit is liable to reject?

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3 Replies

Real Soul.... (LEGAL) 03 May 2020

If the properties are not specified in the suit those property shall not be adjudicated upon, the properties mentioned in the suit for which declaration or partition is sought shall only be decided and if you want to include any other property in the suit then you must file for amendment. The suit to be rejected or not depends on many factors.

P. Venu (Advocate) 03 May 2020

The facts posted are disjointed and lacks clarity. Please post simple facts.

Deekshitulu.V.S.R (B.Sc, B.L) 05 May 2020

A suit for partial prtition is maintainable if you join all the co-sharers. in theri absence the suit fails. I hope the decision of A.P High court rendered in 2019(1) ANDHRA LAW TIMES PAGE 273 might be of some help to solve the riddl(A.S.No 758/1997 decided on 5-10-2018.