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Son seek Partition in lease hold property during lifetime of father


06-Aug-2023 (In Property Law)
Sir, I had filed suit for partition , declaration and rendition of account before 13 years back in year 2010. Now Additional district judge has rejected plaint on the ground that during life time of my father I cannot claim for partition in lease hold joint property and rejected plaint on the basis of clause Under order 7 rule 11 that no cause of action arose for filing the suit as suit is not maintainable . Pl suggest whether leased hold property can be denied for nominal share in leased hold p
Answers (1)

Answer #1
824 votes
you can file an appeal against the decision of the additional district judge for dismissing your suit.

it seems that you derived right in the property being the son of the owner of the property.

however since the owner is still alive you cannot claim right in the property.

concrete advice can be given only after pursuing the file.

should you have any queries please feel free to contact me
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