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V Geethanandan   17 January 2024

Suit is for requiring share in mother earned property and it is in trial

Sir,

The said property heirers are 5 families and they are all members are mentioned in Legal heir certificate and also described in patta as well.  While 2 families out of 5 were not know about the property and the rest enjoying the property.  

Knowing about this, 2 families filed a case 4 years ago that they are also owner of the property and they have right of share in it.

Presently they all (5 families) are willing to sell the property to share equally, but however 2 families are not withdrawing the cae and insist the buyer to go with and register the property alongwith affidavit for withdrawal and later they wish to withdraw.

As a family well wisher to all of them, I wish to know if this is advisable or not.  Or advise any other legal procedures

Thanking you,

Regrads/ Anand



Learning

 2 Replies

Shashi Dhara   17 January 2024

All who wants to sell their share can file statement about it and purchaser can be impleaded as additional party.

T. Kalaiselvan, Advocate (Advocate)     17 January 2024

It is not advisable for the other shareholders to sell their share in the property even if it is undivided share because the property is under litigation and any such act may draw adverse inference.

The plaintiffs may even proceed to obtain permanent injunction against them restraining them from selling the property till the disposal of the suit for partition.

Hence until and unless a compromise decree is obtained better work on it till then.


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