Partition suit
Querist :
Anonymous
(Querist) 10 December 2020
This query is : Resolved
Respectable Sir(s),
I filed partition suit in civil court for claiming share in the property . Since for the last 23 Years I am fighting litigation with my blood relative and have succeeded in getting my share in the property. My civil case has travelled from civil court to High Court and lastly Supreme Court. I got preliminary decree in the trial court which was confirmed by High Court and finally the Supreme Court of India. As a bonus to me, my relatives have adopted all the cunning tricks to get the property by subjecting me to criminal intimidation and filing forgery case against me putting me behind bars. I have successfully fought with them. Inspite of my fighting tooth and nail their position is adamant and they do not want to come to court for partition and wants to remain occupied on the property by prolonging the civil case indefinitely on one pretext or the other. It is going on and on. I tried my best to persuade them to compromise but was not fruitful. They want the complete land without giving benefit to me. If I ask them money for my share property they do not want to pay they want it without paying. They claim it is their property their grandfather and grand mother property. They have not shown property documents for their claim nor they deposited any documents for verification purpose in court . Some forged documents filed by them have been dismissed by the court.
When i have approached for third party interference in the litigation they have told continuous 30 years above litigation is considered null and void and person who is in possession becomes rightful owner. I am worried for my preliminary decree in partition suit. Whether my decree becomes null and void. Please advise me, at this stage can i dispose of my share in the property to third party. I am in need of money and I lost everything and cannot have money to engage advocate and fight for never ending case. I would be grateful for your advise and suggestions.
Thanking you,
M.Satyanarayana
Isaac Gabriel
(Expert) 10 December 2020
Since the court decree is in your favour, and the litigation has lost for several years, consult your lawyer in the matter.to roceed further. Your's is a unique case to advice without verifying the documents.
P. Venu
(Expert) 11 December 2020
You are too much relying on assumptions and presumptions based on unintelligent and ill-informed opinions. Once the preliminary decree is issued, you need to take steps towards the final decree.
There could be no case or claim based on adverse possession by any of the joint-holders.
Dr J C Vashista
(Expert) 12 December 2020
As stated preliminary decree passed by Trial Court has been upheld by Supreme Court, what is your doubt /query qua title of suit property ?
On the basis of preliminary get final decree and possession.
What is the opinion and advise of the the lawyer engaged / paid by you for the last 30 years, who is well aware about facts and circumstances of the case besides the fact that he /she is an an able, competent and intelligent and satisfy your query /doubt and proceed as required ?
Rajendra K Goyal
(Expert) 12 December 2020
Repeated query:
https://www.lawyersclubindia.com/experts/partition-suit-725366.asp
Dr J C Vashista
(Expert) 13 December 2020
It is absurd and ridiculous to repeat same story time and again.
