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ravisharma   25 December 2016

Need to ammend suit when nature of property changes

Hello... I would like to have expert opinion on one of our ongoing case, the details are:-

Few years back my brother filed a partition suit for our house on myself and my father claiming property as HUF (which is false). After some time my father passed and the property was eventually succeeded by my sisters and myself  based on written will of my father (he has not challanged will anywhere). Meanwhile we entered into an agreement and developed apartments on the land. Now as my brother has asked for division in the land and house but the  nature of property has changed (from individual to residential building) and so the parties (benefecieries of will, other owners of flats, building). I would like to ask if the suit can run as it is or it has to be ammended. My thought is that my brother has to ammend suit declaring new dimensions and details of the new property, share asked and new parties he wish to add otherwise the suit cannot proceed.

Kindly tell me if i am right. if anyone can provide me any case citation it will be really helpful. thank you very much.



 4 Replies

adv.bharat @ PUNE (Lawyer)     25 December 2016

No citation are provided here.

ravisharma   25 December 2016

I am asking for your opinion and citation if available

Arvind Singh Chauhan (advocate)     26 December 2016

It depends on legal requirement of your brother. If he think that without amendment purpose of the suit would fail, he would amend. You should watch him first. If any such emedment is benificial to you, you can amend your written statement, and your lawyer will proceed accordingly.

G.L.N. Prasad (Retired employee.)     26 December 2016

It is not clear as to whether all these changes were lis pendence and whether there were any orders of stay.  If it is not beneficial to you, you may ignore and your advocate can guide you better.

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