Sudhir (Scientist) 22 July 2012
Cousin has filed a partition suit aginst 5 brothers and I am one of them. Three of my brothers have appeared through their lawyers and 2 of us have become ex parte. Once the case is decided, as ex parte do we get our shares or again we to file another case to get our individual shares. Clarification in this regard is appreciated.
Dear Sudhir,
The case for partition has been filed by your cousin and not you. Though the court will demarcate share of all as to how much the proportion of share he will get and accordingly he will get his portion partitioned, you will have to file a fresh suit for partition and possession for your share as on the basis of suit filed by your cousin, court won't give you your share as the said relief is not sought by you as a suit or by way of counter-claim in written statement.
JANAK RAJ VATSA (ADVOCATE) 25 July 2012
you are not a party to the suit, so how would your share come to you ?
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