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is this counter claim is purely against co-defendant


Respected Sir,

Plaintiff filed a case for partition stating that it was her fathers joint family properties and she is entitled to 1/8 share as coparcener. 

also stated in the plaint that sale deed executed by X defendant numbered as XXXX in favour of Defendant No Y is not in her knowledge and not binding on her.

One of the other defendant (grand daughter) later filed counter claim to allot independent 1/8 share to her as she is also a coparcener and sale deed sale deed executed by X defendant numbered as XXXX in favour of Defendant No. Y is also not in her knowledge and fabricate the document in collusion behind her back therefore void, illegal and ab-initio, as such it is not binding on this defendant also.

Question:

1. In this case defendant filed counter claim knowing fully that there is already a sale deed executed which is mentioned in the plaint even plaintiff has denied the knowledge. Is this counter claim not purely against  the co defendant  Y ( third party property). Is it maintainable  in law?

2. Is this defendant who filed counter claim asking to declare the sale deed null and void legally by using above words or just asking that sale deed is voidable and not binding on her.

Thanks and Regards,

Sandeep

 

 

 
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