Maintainability of Partition suit filed on same matter


Building acquired under land acquisition act 1894 which is stand in the name of my maternal grandmother she is no more and my mother and her elder sister are the legal hairs both are deiced. My mother sister filed W.P. regarding acquisition and after her death all of her legal hairs came on record then they gone up to supreme court lost the case, after position taken by the state, I filed case under 18 (3-b) of karnataka land acquisition act and my cousins implead for the same we last in the civil court then I gone to high court and got redirect the case to the civil court my cousins not participate in the higher court and then they kept quiet after words I got the favorable order and filed reference case under 18(1) got the decree in the favor of my mother legal hires know my cousins filed a partition suit is it maintainable ? kindly give the remedy.hindu

Answers (1)


339 votes

Though this appears to ticklish question you may have to clarify some points
In the section 18(0) case whether your cousins filed any objection statement, if so did they make any claim in respect of the compensation amount
Even otherwise the property originally belonged to your maternal grand father as such both his daughters or their legal heirs have equal rights over the property
If things are argued this way they may stand to gain and suit would be maintainable May be it is your efforts that has yielded fruit still in law they are also entitled to a share That is law applicable to Hindus


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