Partition Suit....

Querist : Anonymous (Querist) 03 March 2011 This query is : Resolved
Plaintiff has filed a case against Defendant for partition of ancestral properties. I'am appearing on behalf of Defendant. As per the contention of the plaint... Plaintiff is claiming Partition of only two ancestral properties..... whereas there are total of three ancestral properties.....Moreover there is a M.O.U of ancestral property executed between the Plaintiff and Defendant way back in 1982... where it was decided between the Plaintiff and Defendant that out of the three ancestral properties.. two properties will go to the share of Defendant and one property to the share of Plaintiff... now in the present suit... the Plaintiff is claiming partition of the two properties which are in my share..at the same time time he his not whispering a single word about the property which he got to his share... In these circumstances is such suit maintainable... if yes how?? if no why??? what provision as per cpc can i file application regarding the maintainability of such suit?? please provide case laws to that effect...

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Guest (Expert) 03 March 2011
YOU MAY FILE A DETAILED REPLY ENCLOSING ALL DOCUMENTS PROVING YOUR WRITTEN STATEMENT IN THE SAID SUIT FOR PARTITION OF ANCESTRAL PROPERTY.YOU WILL SUCCEED.GOOD LUCK.

G. ARAVINTHAN (Expert) 09 March 2011
You have to defend your case by filing that old document and have to state the same as defense in your written statement. That will do. If there are living witnesses to that document, that will also help you

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