Partition vs Recovery Suit

partition only

Partition suit.

Dear Aravinthan & Archana,

Thanks for the reply. Can you help me understand why this is partition?

In this case, the death of person A caused a compensation to be issued.

The compensation was shared by few of the legal heirs excluding one person B.

Person B now needs to recover his share from the remaining. This would seem more like a recovery suit.

Please let me know what I am missing.

thanks,

Srinivas

In this circumstances I find the suit for recovery of money as the better recorse.

Dear Devajyothi Barman - Thanks for the inputs.

Since the claim made by B is his share in the compensation, then it is his/her claim for his/her share hence PARTITION

The first partion you made is without the 5th person  is only a partial partition. Partition can be effected either by the consent of all or by a suit in the civil court. The lest  of the members appropriated the money. The 5th is entitled to get the money by way of  partition from the rest.

Dear Aravinthan,

Thanks for the logical presentation. An underlying assumption being made is that compensation awarded on death of "A" belongs to "A"  ---> Is this a valid assumption?

The compensation was awarded by govt. on the death of "A".

Question: Is the compensation amount "X" considered a property of "A"?

Assuming B, C, D, E & F are legal heirs and compensation was shared between C, D, E & F. i.e money was already claimed and split between C, D, E & F.

Since money was already taken and possibly consumed, recovery seems to make logical sense. I think one of the issues that will be framed is "B" is successor to "A"  and  he eligible for partition of the compensation. If court finds mertis, then it will decree recovery of "B" share from C, D, E & F.

thanks for your inputs,

Srinivas