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Anonymous
Asked July 16, 2016

partition twice

  • 2 Answers
  • 246 Views

CAN WE FILE PARTITION SUIT TWICE

Answers 2

Default avatar
Shreya Mishra

Once a suit for partition has been effected, it cannot be revoked unilaterally. Thus, once someone files a suit and partition takes effect due to that, one coparcener(holder of the joint property) cannot revoke it. In the case of Kedar Nath v. Ratan Singh[1] a suit was filed for partition but before it could go to trial, the coparcener withdrew it. In such a case, the Court held that partition would not take effect. However if notice is served to all the coparceners and it has been specifically mentioned that separation will be affected right from the date of filing a suit, a withdrawal  won’t be effective.

However since once partition is effected it is final and binding on all the parties and therefore a second suit for partition cannot be filed. But a partition once effected can be reopened if there has been gross injustice to the members of the family for instance if some property was concealed by one of the coparceners by fraud etc.

 

Sources:

Poonam Pradhan Saxena, Family Law II, 3rd edition.

 

[1] (1910) 37 IA 161

Agree Comment 0 Agrees over 1 year ago

Default avatar
Anonymous

No you can not file such case again and again

Agree Comment 0 Agrees about 1 year ago
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