can before partion a coprtioner sold their immoveable property

Anil Kumar kamboj Delhi M-9650 (Querist) 21 July 2008 This query is : Resolved

sir,
i have filed a suit for partition .But a coprcerner who had a more share as he got .That is why to get my equal share from such person i have filed a suit for partition . And now he wanted to sold his share ,so pls suggest me what type of action i could taken against him ,so that i could prevent him to do so. And he is also taken more share as he actual obatianed.

sir an expert tell me yes

but.........

but to achieve my share as a legal part which also conected with this sold property, so tell me pls what kind of action i can taken against him

sir,

In any opinion, can i entitled to a temporary injunction restraining the other coparcener from disposing of the property during the pendency of the suit.

because still a suit for partition is panding

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Guest (Expert) 21 July 2008
Yes can either file an application for ad interim injunction in the partition suit itself, or file another suit by including the intended purchaser as party to the suit for injucntion.

adv.ranchi (Expert) 21 July 2008
Yes, you can file an injunction application to restrain any action of disposing the property by the other coparcener during teh pendency of the suit.

Srinivas.B.S.S.T (Expert) 22 July 2008
You have to make the registrar concerned as a party also. Seek dispence with notice to the registrar under section 80 of CPC .

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