Property - ancestral
SANJEEV JAIN
(Querist) 26 September 2015
This query is : Resolved
A & B are joint co-owners of ancestral LEASED dwelling house. Fathers of both A & B are no more. A has full possession of the house. Suit for partition, filed by B's father is pending in the court.
Question no. (1)- What other actions should B take to protect his interest?
(2) What will happen if suit is dismissed in default ?
T. Kalaiselvan, Advocate
(Expert) 02 October 2015
If B's father has filed the partition suit and he is no more, then his LRs should file a petition under order 22 Rule 3 to implead themselves as parties to suit within 150 days (90 + 60 = 150 days), and beyond that period they should file a petition to set aside abatement as well as to condone delay in filing both the abatement set aside petition as well as the LR implead petition.
Consult your lawyer and discuss with him about further course of action on this.
