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Partition of property
3 years ago
The applicant/Plaintiff has demanded a partition of the property in the court from the grandfather in respect of their share in the grandfathers property and the case which is currently pending in the court. Before the disposal of the case, a residential house has been constructed in the property by the applicant. Can we take up the object in this regard?
Can we file the FIR against the Plaintiff?
A.First file application under order 39 rule 3A of CPC.
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Shreesh Chadha
Responded 3 years ago
A.Of course you can. In a partition suit there is a liability to keep the property as is. Although it is better to specifically plead the same. If there has been an order specifically saying this then this amounts to contempt of court also.
You will have to claim the same before the court trying the suit.
No FIR is advised, as yet. Main contention is contempt of court and raise it before the court trying the matter.
Regards
Adv Shreesh Chadha
You will have to claim the same before the court trying the suit.
No FIR is advised, as yet. Main contention is contempt of court and raise it before the court trying the matter.
Regards
Adv Shreesh Chadha
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A.Yes, you all can take objection in building a residential house in the property.... Now another one good thing ... you all go & stay in that house is it is grandfathers ancestral property .... so why make a complaint... take advantage of the ready made house, he cannot deny entry as he had NOT taken permission for the same ...so that house belongs common to you all..
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ADV. ANISH PALKAR (High Court)
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ADV. ANISH PALKAR (High Court)
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