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Mousumi Sen (Owner)     09 March 2014

About partition suit

There is a partition suit ongoing between me and my brother after my father's death, and one of the assets listed in the "Movable Assets" section is a Rs. 60,000 lying with the Rent Control, where our joint tenant had earlier deposited some money. Strictly speaking this item was included as a mistake in the partition suit because the amount was deposited into the Rent Control after my father's death and in our joint names. Now my brother has agreed to give me a signed letter/form which will allow me to withdraw the total money from the Rent Control Department..

Now my question is that since this item is also a part of partition suit (sub judice), should I withdraw this money without the court's permission. Will this act harm my total partition suit? My lawyer has given me the green signal but I would appreciate a few other opinions too.



Learning

 8 Replies

Biswanath Roy (Advocate)     11 March 2014

You shall have to take permission from the Court.

1 Like

Advocate Ravinder (Advocate/Attorney)     11 March 2014

First you withdraw the money from the Rent Control Court. You both enter into an MOU and file this MOU before the court and make it as an exhibit

1 Like

Biswanath Roy (Advocate)     11 March 2014

My dear friend Ravindra .P,

You might have misunderstood the query.   Rs.60000/- deposited in the rent control by the tenant is a part of the assets in the partition suit and a sub judice matter hence, neither of the parties in the said suit can interfere with it .without taking leave from the court in writing.

Mousumi Sen (Owner)     12 March 2014

Thank you both Advt. Biswanath Roy and Ravinder P. for your replies. I had a feeling which is the same as Advt. Roy. However my lawyer felt that since it is a mistaken entry (in error) for the partition suit, so court's permission will not be required. Incidentally the person who filed the partition suit and the present lawyer are different persons. So, I get that even an erroneous entry has to be cleared from the court before it can be proceeded with out-of-court.

Biswanath Roy (Advocate)     12 March 2014

According to Code of Civil Procedure if due to inadvertence you commit any error in your suit plaint to remove that error you shall have to file an application for removal that error but unless such error is removed the same will be treated as the part of the subject matter of the suit..  You may communicate my post to your lawyer.

1 Like

T. Kalaiselvan, Advocate (Advocate)     12 March 2014

In all the possibilities, in my opinion, you may withdraw the money lying with the rent control because it is not a movable property on your father's name instead it is an income out of the properties referred to in the partition suit, and if there is an agreement between the parties to the dispute, it can be very well withdrawn for the benefit of both, however since you have included the matter in the plaint, it becomes your duty to delete the items through a petition seeking to amend the plaint.  That is a mere formality so that there should not be a dispute over that in the future.  Your lawyer is right that you can withdraw the rental amount lying with the rent controller.

1 Like

T. Kalaiselvan, Advocate (Advocate)     12 March 2014

In all the possibilities, in my opinion, you may withdraw the money lying with the rent control because it is not a movable property on your father's name instead it is an income out of the properties referred to in the partition suit, and if there is an agreement between the parties to the dispute, it can be very well withdrawn for the benefit of both, however since you have included the matter in the plaint, it becomes your duty to delete the items through a petition seeking to amend the plaint.  That is a mere formality so that there should not be a dispute over that in the future.  Your lawyer is right that you can withdraw the rental amount lying with the rent controller.

Advocate Ravinder (Advocate/Attorney)     13 March 2014

I completely agree with Kalaiselvan. He said the same thing what I told.


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