Suit for partition
Mahendra
(Querist) 16 May 2013
This query is : Resolved
My Grandfather received land from X in Mumbai for sweet and cordial relation between them 50 years back and constructed zopadpatti in the land but no name in the property card.
He has four sons A B C D all families are living there today on each four different hutments, then grandfather & A B C all died except D and after 10 years son of B filed Regular Civil Suit against X without informing to A C & D`s sons & claimed in decree that his B is the the exclusive owner of the land after the grandfather and obtain x-parte decree from the civil court in 1982 and incorporated all B` sons in the property card in 2006.
that exparte order was obtained in 1982 and nobody knows about this and now we understood about this and obtain certified copies of the exparte order last month.
All are paying taxes in Municipality.
Now my questions are
1)Grand father has no direct name in the property card that B has put his names by exparte court order, then can i file a suit for partition ?
2) if not can i go for civil suit and can i succeed ? as we are also living there and have possession since long back.
3)i wanted to put name in the names of all in the property card because we are the legal owners not B Only and his sons ?
Pls advice ,
Thanks in advance
R.K Nanda
(Expert) 16 May 2013
consult local lawyer.
MohammedRaffiq Bijapur
(Expert) 16 May 2013
Mahendra i understand ur difficulty. But B has decree and got entered his name way back. Question of limitation to challenge the decree comes. So better consult lawyer thereat.
Raj Kumar Makkad
(Expert) 16 May 2013
1. First of all challenge the decree and get it set aside on the ground of not approached with clean hands and suppression of material facts and also include the prayer of partition in the same suit.
2. Yes. as advised above.
3. Do as advised above.
Raj Kumar Makkad
(Expert) 16 May 2013
There is no question of limitation as you have come to know about the fraud recently.
