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BORN TO FIGHT (PROPERITOR)     30 May 2013

Partition suit

1. Suit for partition property
 
Case brief :- i am having 2 property in joint name with my wife. But all consideration for both preperties are paid by me. i have puted her name just for the sake of affection nothing more than that. on this ground i have filed a benami transaction suit in faridabad cour on 22nd February - 2013, on this my wife has file a WS in court that she was working before marrige and she has collected the same and paid her share consideration for both properties by using that saving and help of her father. but it all are wrong her father is not capable to his fooding also he is living on rent even he is not having his own house.
 
i have paid consideration through bank and i am having transaction detail and more than sufficient proof. now case has fixed for witness on 12th August 2013. Notice Attached
 
My Query:-
when benami transaction suit is going on in the court, than can my wife file suit for partition ?
Will court entratain her suit for partition without decision on benami transaction act suit?
In this suit she has mention that i am gunda can i file MANHANI CASE?
 
 
 



Learning

 2 Replies

Advocate Rohit (Advocate)     30 May 2013

you would be required to bring it to the notice of the court that a civil suit is already pending before the court for the said property and thus the said application be stayed for further hearing till that benami suit is pending.

 

you may file defamation case against your wife if she is defaming you by calling gunda.

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

BORN TO FIGHT (PROPERITOR)     30 May 2013

First of all thanks for your kind reply.

in the partition suit they have mention that a suit pending for benami transaction act. 1st date for partition suit was on 28th May - 2013, My advocate has attend the court. court has not order for any stay on that suit. court has asked us that dont sale these souit property. my question is as under:-

Can i ask for the stay on the said suit of partition?

Is there any harm if this suit is going on?

Can court decide partition suit until unless my previous benami transaction suit will get decided?

what should i do for filing defamation case?

Please assist me


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