Suit for partition and separate possession - plaint u/o vii rule 1& 2 c.p.c
CA. SUBHASH DANGI
(Querist) 22 November 2012
This query is : Resolved
One daughter of deceased grand father and deceased grand mother filed a suit dated 09.11.2012 against 3 brothers for partition and separate possession and valuation suit Rs.3000/- in Planit U/O VII Rule 1& 2 of C.P.C to cliam 1/4 share out of 11.18 acres of agriculture land.
The partition took place in 25.07.1985 with the consent of all three daughters who relinquished their rights in favour of 3 brothers and accordingly devolved the agriculture property.
The cause of action: Her brothers refused to give her share in the suit properties.
Prayer: (a)Partition of 1/4 shares in suit property (b) award the cost of suit and (c) grant such other reliefs if deems fit.
The real Facts:
Grand father has 3 sons and 3 daughters.
Two daughters died long ago. The partition took place on 25.07.1985 with the consent of all daughters at the time of partition.
After gap of 27 years, the daughter is wilfully and wrongfully claim the share which is not at all tenable.
Experts, please help in respect of future course of action to be taken by brothers as per the law.
ajay sethi
(Expert) 22 November 2012
brothers have to rely upon relinquishment deed signed by daughters in 1985 . fight case on merits .
