Partition Suit Notice

Mugundhan (Querist) 17 November 2010 This query is : Resolved
Dear Experts, is pre suit legal notice mandatory for filing a suit for partition?

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Devajyoti Barman (Expert) 17 November 2010
No. Do remember notice does not necessarily mean written notice. The formal request to make a partition is enough to give rise to cause of action.

Praveen Kumar Tewari (Expert) 17 November 2010
prior to filing partition suit .there is no need for legal notice i am agree with the advice of devajyoti,

Guest (Expert) 17 November 2010
i agree with my learned friends....

Khaleel Ahmed Mohammed (Expert) 17 November 2010
Not necessary, Legal notice is mandatory only for suit against government authorities u/s 80 of cpc.

Kirti Kar Tripathi (Expert) 17 November 2010
no formal notice is mandatory. for partition, only intention of partition is sufficient. but giving notice is always better.

Swaroop Godbole (Expert) 17 November 2010
pre suit/litigation notice for partition is not neccessary. Mere oral request will suffice.
it be noted that cause of action for filling suit of partition arises only when request of partition is denied. hence there must be oral request and refusal in reply. further there must be such pleading in the plaint.

Sri Vijayan.A (Expert) 17 November 2010
No need, but it must be shown that there was/is a informal/ oral request and the denial, in the recital portion of the plaint

s.subramanian (Expert) 18 November 2010
yes

Debasish Hota (Expert) 18 November 2010
No.Not necessary, but you have to show the cause of action in your plaint.

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