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Can amendment be made in partition suit
24-Nov-2023 (In Civil Law)
my mother filed a partition suit for ancestral properties very recently. she wrongly mentioned some properties which are already sold but not mentioned those owners as parties in suit. my grand father sold his share and mentioned it as his share and my uncle signed it as his fathers share in sale deed. my uncle and grand father partitioned orally before 1980. if my mother deletes that property by amendment petition it proves that partition done already but that owner doesnt know all this. 1 what happens if he knows it 2 how should i deal with it and get share
yes amendment can be made as per the proportionate ratios and the legal heirs to be devolved upon and please go through order vi rule 17 and order 1 rule 10 of the code of civil procedure to add necessary and proper parties to the suit as per order 1 rule 10 it is necessary to implead the buyer of the property is a proper and necessary party
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Adv. Innamuri Balasubramanyam
Rajahmundry | 500+ Answers
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Hi
Your mother should implead the current owners as necessary parties under Order 1, Rule 10 of CPC.
Your mother can always state that the partition was without her knowledge and consent and hence the oral partition is invalid.
Your mother should implead the current owners as necessary parties under Order 1, Rule 10 of CPC.
Your mother can always state that the partition was without her knowledge and consent and hence the oral partition is invalid.
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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uncle and grand father partitioned orally before 1980. if my mother deletes that property by amendment petition it proves that partition done already but that owner doesnt know all this. 1 what happens if he knows it 2 how should i deal with it .
Can and amend the plaint by filling petition in court asking permission to amend the part of the pleading. U can contact Me for further reference
Can and amend the plaint by filling petition in court asking permission to amend the part of the pleading. U can contact Me for further reference
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Adv. Nilesh Narania
Hyderabad | 100+ Answers
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