Pankaj Sharma 06 April 2024
After mutual consent partition took place between four brothers . After that A has raised construction in joint property and B the brother of A has file a case of partition by metes and bounds of raised construction . The agreement is also take place between a and b that b has no interest in said property . now can B can file case of partition of raised construction as partition already take place. What is the law in this case.
Mr. Sumitra kumar (Advocate) 06 April 2024
File an application in the court for injunction.
Thank you.
T. Kalaiselvan, Advocate (Advocate) 06 April 2024
If the partition was effected mutually by a registered document then the objections raised by an unsatisfied shareholder especially if the partition had taken place more than three years ago, it may not be maintainable.
If you are getting the summons, you may engage an experienced lawyer and fight back strongly and get it dismissed on merits
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