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Third party interest in the partition suit how to oppose at EP stage
19-Nov-2023 (In Civil Law)
Sir iam a third party to the partition suit. The suit is between their family members but I came to know it includes my schedule of property also in which I own 75% of the UDS in land and building.
After the preliminery decree and now after the appointment of advocate commissioner I came to know this colluded suit between their family members.
How to stop
1) should I impleed
2) claim petition
3) suit for possession was filed by them in another suit which is pending. Where I am a party. Can I appose from that suit..
4) one injunction application is made by them against all whom disturbing their property, how to stop the proceedings. Should I get into the OA filed by them which is pending after the disposal of the preliminery decree.
Pls suggest us
if your schedule of the property is entirely different from their property or if their partition affects your right of property, you can file a separate suit against them who are necessary parties to the suit...you can also include your name in the EP. you can also file an impleading petition in the suit which is pending..My advice is to file a separate suit against them first and you file two impleading petition in the other proceedings..
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Adv. Mohamed Kassim
Chennai | 25+ Answers
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Dear sir, you should first contest the case filed against you by the opponent party, and show your bonfide that the property belong to you.
next file a declaration suit that you are the owner of the property and having the possession of the property.
next file a declaration suit that you are the owner of the property and having the possession of the property.
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Adv. Dinesh Kumar C
Chennai | 25+ Answers
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