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Mohamed Ali (employee)     17 June 2014

Resjudicata

Sir. We are sunnihanafi family..in our family our grandmother was survived by only 2 daughters and her only son had predeceased her leaving behind a son and a daughter. The 2 daughters filed a declaratory suit against predeceased sons children seeking declaration that only 2 daughters are entitled to inherit the left over property of their mother,but court dismissed suit saying 2 daughters are entitled for 2/3rd share only rest 1/3rd will go to residuaries in this case predeceased son and daughter... hence we filed a new partition suit for seperate possesion of our 2/3 share in left over properties of our mother which are in joint possession with predeceased sons children.. Question: Whether filing a partition suit after the dismissal of declaratory suit seeking seperate possession of 2/3rd share of 2 daughters amounts to Resjudicata ?


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 1 Replies

Lawyer SALEEMA KABEER (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     19 June 2014

The partition suit will not hit by Resjudicata. However, it is your duty to establish your right to claim share over the property.


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