PARTITION

Querist : Anonymous (Querist) 27 July 2011 This query is : Resolved
WHEATHER SUBSEQUENT PARTITION CAN TAKE PLACE AFTER ONE PARTITION TOOK PLACE PREVIOUSLY?

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prabhakar singh (Expert) 28 July 2011
A RE PARTITION WOULD BE POSSIBLE ONLY WHEN ALL PARTIES AGREE THERE FOR.

IN VERY VERY VERY
EXCEPTIONAL CIRCUMSTANCES, BY COURT ALSO IF THE EARLIER PARTITION WAS A PRIVATE ONE OR A BY A CONSENTED DECREE BUT NOT BY A CONTESTED DECREE OF COURT PROVIDED SOME GRAVE INEQUITY AND INJUSTICE CAUSED TO PARTY AGGRIEVED IS COGENTLY SHOWN WELL WITH IN TIME TO THE COURT ON THE GROUNDS ON WHICH A CONSENT IS VITIATED IN LAW SUCH AS FRAUD,UNDUE INFLUENCE ,COERCION etc.

R.Ramachandran (Expert) 28 July 2011
You have to come out with full facts and circumstances to get an appropriate answer.

s.subramanian (Expert) 28 July 2011
If any property is left out you can enter into a second partition with regard to such property alone. Otherwise if the earlier partition is not fair, you can reopen the same and effect another partition.

sanjeev murthy desai (Expert) 28 July 2011
Partial partition cannot be acceptable.

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