In a property dispute, i would like to file a partition suit.what is the procedure ?
Tipsy
(Querist) 27 October 2012
This query is : Resolved
In 1965 my father purchased the said property which in dispute, then all documents in relation to this property is in Firm Name and my uncle is also partner have legal claim over this property & we are tenant of the property and now building is going in redevelopment , I would like to file a partition suit of equal area ,is that possible
bharat@impexsolution.net
Devajyoti Barman
(Expert) 27 October 2012
Yes it is possible. File a suit and for injunction as well.
However since it is in Firm name it is difficult to establish your individual title.
Go for dissolution of firm first and then for partition of share.
ajay sethi
(Expert) 27 October 2012
since said property forms part of assets of the firm and rent receipt is issued in name of firm in such a case in the vent of disputes betwween partners better to file for dissolution of partnership firm . all the assets of firm would be divded amontg the partners .
R.K Nanda
(Expert) 27 October 2012
no more to add.
Raj Kumar Makkad
(Expert) 27 October 2012
Dissolution of firm is the best remedy to claim separate portions of the building, Issue notice to your uncle to dissolve the firm as per bye-laws of partnership deed if any in writing or if the same do not exist then under Partnership Act and then under the intervention of an arbitrator get the same done.
