Partition Suit Related
Querist :
Anonymous
(Querist) 02 November 2010
This query is : Resolved
Respected Experts,
A partition suit is going on between A B C D, here C is plaintiff, and rest r defendants. They had a family arrangement (unregistered and unmutated) to look after the property and the most complicated property was assigned to most able member i.e. to D. After 9 yrs of the family arrangement C started pressing others to accept it as memorandum of partition and to finalize it since the property assigned to C to look after becomes very valuable one. But others did not agree upon. So to validate that family arrangement from the court, C brought that partition suit. Two years after bringing the suit, everyone pressed/consented to D to sell a most litigated property at throwaway price and the property sold by D. But the D felt cheated and filed in the written statement that the property sold can be deducted from my share. Even D also ready to share the consideration amount with others, but no one is agree to accept it.
A and D wants fresh partition based on value of the properties. Trial is going on and is in evidence stage, C and A has completed their deposition.
Now the questions are -
• Will the court validate the existing family arrangement?
• Is fresh partition based on value of the properties possible?
• What will the impact of selling of the property by D on the suit?
• What step or plea D should take here to get fresh partition done, since we have heard that disposal of any property independently in personal capacity is sufficient proof of partition?
• Should D file the documents which shows that how litigated property that was and he alone has fought the suit related with that property to save it.
Plz guide or suggest me.
Thanks and regards.
adv. rajeev ( rajoo )
(Expert) 02 November 2010
Partition suit wont be decreed on the basis of the value of the properties.
Once partition always partition. If D proves that as per the family arrangement partition was acted upon then the already made arrangement holds good.
If the present partition suit decreed then the property sold by D will be adjusted to his share and it should be like this.
Devajyoti Barman
(Expert) 02 November 2010
1. The validity of the said arrangement depends on several facts. Alleged acting upon on the wrong impression or on exercise of undue influence does not validate the family arrangement. There are other circumstances available also to invalidate the said arrangement deed.
2.Fresh or old, partition happens in accordance with the share of the legal heirs.
3.It will have some impact but you have taken the right stand agreeing to distribute the sale proceeds amongst yourselves.
4&5. If the pending suit is for partition only then D need not file a fresh suit. In that suit suit itself he can pray for his legitimate share and yes, he can file such documents which strengthen his stand.
pawan sharma
(Expert) 02 November 2010
i concur with Barman.
Querist :
Anonymous
(Querist) 02 November 2010
Sir Thanks for the reply,
None of the of the legal heir agree with the family arrangement since was not in metes and bounds and same has not been acted upon.
Regards,
