Notice from court
NIKHIL
(Querist) 06 June 2013
This query is : Resolved
Sir
We live in an undivided Ancestral house which is name of four persons. Three out of Four Owners sold their share to other Party's without the consent of All owners. Now, the Other Party wants partition. So, they filed a suit in Court but we don't want partition as there is no consent from our side when Three out of Four owners sold their share. So, we didn't except the Notice from court.
Please tell us is this Favorable for us to not to except the Notice and the New Party can become the owner of the property without our consent?
Anirudh
(Expert) 07 June 2013
Don't think by not receiving he notice from the court you have done any smart thing.
Without going into the complete details (whether the property is ancestral or not), if it is a joint house, then you have a pre-emption right to purchase the shares of others and retain the whole house. If you are not willing to purchase the shares of other three persons, then you have no other go than to agree for partition. Your unwillingness for partition or your consent for partition does not matter. Since you are neither willing to purchase the shares of others yourself, nor are willing to partition the property, the matter has reached the court.
Your consent is not necessary for the other party to become owner of the shares of others.
Adv Archana Deshmukh
(Expert) 07 June 2013
Accept the notice and appear before the court and assert your right of pre emption. You can purchase the shares of the persons seeking partition and thus retain the house.
NIKHIL
(Querist) 07 June 2013
Sir
The property is ancestral but not divided between owners. My Grandfather and his three Brothers are owner of Property. All the owners of property are died now.
Now would your answer be different?
prabhakar singh
(Expert) 07 June 2013
Non acceptance OF NOTICE from COURT or non appearance in COURT is not going to help you least rather your this attitude may result in exparte decree.
When there is a war one needs to fight it.
Your defence weapon is that the property in dispute is a dwelling in which a stranger can not enter if price paid by him is returned to him.
NIKHIL
(Querist) 07 June 2013
Sir
We have to return only the principal amount or amount with interest or Honorable Court will decide the amount.
Rajendra K Goyal
(Expert) 08 June 2013
Engage a local lawyer and he would guide you how to defend and proceed. Accept the notice first.
NIKHIL
(Querist) 08 June 2013
THANK YOU ALL TO GUIDE ME.
prabhakar singh
(Expert) 08 June 2013
We welcome you with wish you have no problems in life to be attended by us.
Raj Kumar Makkad
(Expert) 20 June 2013
Experts are always ready to help you as and when required.
