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Out of court settlement ( partition suit )
17-Jun-2023 (In Property Law)
Plaintiff and 5 defendants in partition suit. stating that she got settled the matter with defendants. The defendant no. 2 pay some of rs 15lakhs, hence the plaintiff received above amount. And filed a memo to dismiss the suit as not pressed. Hence. The suit is dismissed as not pressed. Therefore, File is closed. ( Intervention and advice of elders and well wishers, the parties to the suit were settled the matter Amicably out of court.) My question is can plaintiff reopen this case again ?
yes he can if any fraud played by the defendant other than not possible we should show particular and exact reason to reopen the case simply not possible but above case you said plaintiff received 15lk than what
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Adv. Somashekar S. M.
Bangalore | 200+ Answers
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What is partition by father in his lifetime?
Modalities of Partition
Partition made by father during his lifetime. If the coparcenery is only father and sons, then the father can partition himself or his sons. The consent of his sons is not required.
Can son claim father's property when father is alive?
The son cant claim the property of his father he acquired himself while his father is still alive. This applies even if the father has abandoned the son and family. After the father dies, the son can inherit the property according to the will of the father or by legal inheritance laws.
Can a son file partition suit against his father?
The argument of defendant No. is that a son can claim a partition during the lifetime of his father.
What is the time limit for partition suit?
In India, the limitation period for a suit relating to partition is 12 years. This starts from the date the right to sue was acquired.
partition suit by son during the lifetime of the father
Landmark judgment on partition suit
Partition suit Limitation Act 1963
How long does a partition suit take in India
Limitation for partition suit
Judgment on Order 7 Rule 11 in partition suit during life time of grand parents and father
Partition suit limitation judgments
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