Partition suit
fysal
(Querist) 27 April 2013
This query is : Resolved
Sir, My brother filed a partition suit against me in munsif court and the preliminary decree was passed on 1998 in exparte. After that my had filed the final decree petition in 2008. what is the time limit for filing final decree petition. The final decree petition was allowed on 2012. I have filed the A.S. in sub court afterwards the A.S. is pending. In the meantime my brother had filed E.P. for delivery of posseession. the same is pending. My brother had sold his share according to the final decree to third party before obtaining the E.P. order. Before the order of deliverty possession can he sold his share. The sale is valid or not. please Reply Sir, Thanking you. iam fysal.
Nadeem Qureshi
(Expert) 28 April 2013
Dear Fysal
You should contact a lawyer with all the documents and case file for best opinion.
prabhakar singh
(Expert) 28 April 2013
"Before the order of delivery possession can he sold his share. The sale is valid or not."?????
ANSWER:The sale is valid.Your brother could sell his share even before partition.Now to proceed with E.P. is right of buyer.
Raj Kumar Makkad
(Expert) 29 April 2013
Sale of the share in the undivided property is valid, however, the possession fo a specific share cannot be given to the buyer.
