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sameer shaikh (h)     29 August 2012

Partition,injuction

I m for defendants D

in the year 1990 partion took place between four brothers A, B ,C and D before talathi (revenue officer) under maharastra land revenue code,by which all of them received equal properties.The order of revenue officer was not challenged

The properties recieved by D was  containing of  few shops on which A , B and C where carrying buisness, but D never shown any objection to the buisness, because of good relation between brothers

Now in 2012 A ,B and C are claiming some right in that shop  and filed a suit against me and obtain ex parte ad interim injunction

what will be my defence

any case law

 



Learning

 5 Replies

Anish Thakur 7018812737 (advocate)     29 August 2012

if the partion is got executed and is in revenue records then D can file suit for eviction,there brings no right of a,b,c in that property as that property is in share of D as per the partition executed,

surjit singh (Assistant)     30 August 2012

Partition was made in 1990 and since his co-parcener was in possession of the property,, person D is the owner of the property, as Mr Thakur said there is a simple option of filing a suit for eviction.

SANTOSH M.BHOITE (executive Director)     30 August 2012

Sir,

  its a 30 years ago, A is father of B & C ,  when A is died the land hissa goes to B"s name only ,then also C's & B's died so hissa remains on B"s name but B"s & c"s had a 1 children

So That hiss will remain on B's children or can C"s children can fillid case on B"s children  for that hissa ? what is law said?

Anish Thakur 7018812737 (advocate)     30 August 2012

@Santosh hegde

it wholly depends upon that whether this property was ancessotral property or not ,if yes then he can apply for his share and if this property was not ancessotral then A was free to give that property to any person in case of A 's SELF acquired property.feel free to call on profile number if you had left any query

Advocate Bhartesh goyal (advocate)     30 August 2012

Order of partition passed by Revenue Officer in the year 1990  has become final order as it was not challenged before any appellate authority so now .A, B & C  can not claim any right over the property of  D . If court has passed any Ex-Parte order regarding the property of D then  either challenge the same in higher court or move application in same court to vacate the Ex-Parte interrrim order.


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