Upgrad LLM

partition suite


I have filed my ancestrol property partition suite. My brother is ex party. My sisters wants to compromoise with me. They want to give all their share to me. Next week I am taking all of them to the court. Can they change their mind and give their share to my brother also? Since my brother is ex party is it possible for them to file compromise petition. I heard that to compromoise all the parties have to be present in the court and to sign compromise petition. Please advise whether my sisters can file compromise petition to give their share to my brother when he is ex party?

 
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DEAR QUERIST,

your rother had gone ex party doest mean that he is deprived from his share ,becoming exparty in partition suit means he had no objection for the partition ,rest tour sisters have their own shares ,this is depends upon them to who they want to give their share.


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Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)

Your sisters are free to release their share in your favour or your brother's favour or even to both of you. Even if your brother is ex parte - your sisters can release only their share to you, your brother's share remains intact. 


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Practicing Advocate/Legal Consultant/Legal Process Outsourcing 08427414792

Ex parte proceedings would not prejudice the share of your brother. Since it is ancestral property he will get an equal share in it. Your sisters are at liberty to release their own share in your favour or in your brother's favour. 


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Thanks to all.

My question is while filing compromise petition all the defendants and plantiff have to sign the petition. For that ex-party brother's presence is required in the court. or it is OK if he absent.

 
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sir how to go for property partition suite.

i am working & staying in bangalore my fathers property iis in Hyderabad(AP) whos id no more and my mother is living in the house(Hyderabad) and is not giving me my share , when asker for share she says that it is her husbands and it will come to me after her .

kindly help

 
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