Suit for partition
ckanta
(Querist) 06 June 2015
This query is : Resolved
Sir,
Could you help me with some law or judgement which says that in suit of partition filed by plaintiff(brother) Co-defendants controversy cant be decided in that case and one of the defendant cant claim declaration of tiltle in his favour or ownership as relief clause in WS.
Please help me out.
R.K Nanda
(Expert) 07 June 2015
state detailed facts.
ckanta
(Querist) 07 June 2015
Sir,
there is suit for partition filed by my brother against one of my brother and both are admitting reg. documents which is relinquished deed in favour of d-1 and plaintiff and I was made party to the suit and I have taken defence that i am the owner by way of adverse possession under my occupancy and I have challenged these reg. docs and deny its execution by me or other parties and now want to add in my relief clause of my ws by amendment as court may declare me as owner by way of adverse possession.and declare reg. docs as null and void . Can court allow my appliacation as someone told me that i will not succed in this application of amendment as i am claiming some right which can be claimed only by separate suit or counter claim which time has already laosed almost 2 years , Please help me as i have conflict of interest with co-defendant and want to declare those docs as null and void.
B K Raghavendra Rao
(Expert) 08 June 2015
You cannot claim ownership by adverse possession as it is your family property. If you have to deny execution of a document by you, you need to establish the truth by denying your signature. Your signature need to be verified by a forensic agency. Not easy.
