Partition suit
yeteendra naidu
(Querist) 11 January 2014
This query is : Resolved
My father owns a house building and an open plot in a co-op. society in Hyderabad. He has six children, 3 sons and 3 daughters.
His youngest son and youngest daughter are nominees for the co-op society plot.No will executed for the house building. My mother & father are no more now. Excepting the nominees, other children filed a partition suit in the A.P. High Court by giving GPA to one of the sisters and the same was dismissed for default, and almost three years have lapsed till date. Is there a chance to revive the partition suit now. can the society plot also be considered for partition despite nomination admitted by the society.what is the other alternatives for reviving partition suit.
Dr J C Vashista
(Expert) 11 January 2014
File a fresh suit for partition, instead of restoring such a case, which has been dismissed 3 years ago, wherein it will be much more difficult to explain and satisfy the court for delay.
Adv.Aiyer VLV
(Expert) 11 January 2014
Nominee is a trustee and nott beneficiary. Under law it will be for all of you. Make it part of partition and any aggrieved can go to court.
ajay sethi
(Expert) 11 January 2014
what were you doing for 3 years ? if suit was dismissed for defauly why did you not move court immeidately . you can taken out application for restoring suit but you will have to explain the delay of 3 years
Rajendra K Goyal
(Expert) 11 January 2014
Can file fresh suit for partition and include the property under nomination as reviving of the old case would be difficult in explaining of the delay. Nomination is only a trustee and not the absolute owner.
malipeddi jaggarao
(Expert) 12 January 2014
Fresh suit is to be filed including all aggrieved parties requesting partition. Nominees are not absolute owners, they are only trustees and the rights rests with all the legal heirs. Hence that property can also be included in the partition suit.
T. Kalaiselvan, Advocate
(Expert) 13 January 2014
I agree with opinions of experts on the subject. Nominees are mere trustees on behalf of all the legal heirs of deceased hence entire properties of the deceased can be partitioned and it is advisable to file a fresh partition suit. The res-judicata clause will not be operative for partition suits if the partition has not taken place.
