Settlement between plaintiffs and some of the defendants in suit for partition
suresh
(Querist) 16 April 2012
This query is : Resolved
joint family property is in possession and enjoyment of tow group of the defendants. plaintiff was not given any share hence plaintiff filed suit for partition. D1 to D7 are ready to settle the matter in respect of the property in possession of D1 to D7 by way of giving money and some of the property to the plaintiff. but D8 to 10 dont want to settle the matter and contesting suit. D1 to D7 suggest the plaintiff that he may accept the settlement and delete the property in schedule of property in plaint which is in possession and enjoyment of D1 to D7 and continue the suit against D8 to D10 claiming share against the property which is in possession of D8 to D10. is it possible to settle the matter in the above way. how to release the property in possession of D1 to D7 without withdraw the suit. the plaint wants to continue suit against D8 to D10 only. what is the remedy to plaintiff?
adv. rajeev ( rajoo )
(Expert) 17 April 2012
It cannot be settled like this, becausewhatz share about 8 t0 10 in those properties.
suresh
(Querist) 17 April 2012
D1 to D7 enjoying 50% of property and D8 to 10 in possession & enjoying 50% of property
Shonee Kapoor
(Expert) 17 April 2012
It won't be settled like this. Possession itself does not create any rights.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 20 April 2012
What is the defence case of defendants who does not want to compromise.???
