• Partition

A, B and C are siblings who own a property jointly. 

The property title is currently in dispute with X, and a status quo with regards to the title of property is in court.

Can A and B file a partition against C before the title issue is settled?
Asked 4 years ago in Property Law
Religion: Muslim

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17 Answers

Hello,

If a suit is pending with regards to the property then it is not advisable to file a partition suit.

However the same can be filed and the same will always be subject to the outcome of the pending suit.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Also since status quo has been granted any exercise of partition will be redundant.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

No as for the partition suit first primary decree is passed deciding title of the property then final decree of partition is passed so till the title is not settled they cannot demand partition.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

hello,

what is the relationship of A B C with X?

Rahul Mishra
Advocate, Lucknow
13759 Answers
65 Consultations

5.0 on 5.0

hello,

the property is in dispute between A B C on one hand and X on the other. therefore, unless it is decided whether the property belongs to either A B C or X, a partition suit cannot be filed because if the property went to X, then A B C would not get anything.

regards

Rahul Mishra
Advocate, Lucknow
13759 Answers
65 Consultations

5.0 on 5.0

partition suit can be filed for division of property by metes and bounds

2) both suits can be clubbed together

Ajay Sethi
Advocate, Mumbai
87939 Answers
6207 Consultations

5.0 on 5.0

Any time you can file partition suit due to the order of status quo.When passing a preliminary decree in partition suit , the court will look whether the property is Partible or not? If it is not partible , .A B C would not get anything.the time and expenses loose..

Ajay N S
Advocate, Ernakulam
3991 Answers
93 Consultations

5.0 on 5.0

Since title of suit schedule property is in dispute it's not advisable to file suit for partition. In case you file for partition the court will look into the title which will be the outcome of present suit as such it's advisable to wait till present suit judgment is obtained then file suit for partition to prevent unwanted loss of time and expenses.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

1. there is no restrain in filing a partition suit among A, B and C.

2. However since there is dispute as regards title as well with X it is advisable if X is also made a party in the suit and declaration is also sought in the same partition suit that X has no share in the property sought to be partitioned.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

When a status quo is in force the property cannot be alienated that means you can't enter into a sale agreement or deed with others in respect of the property and cannot develop the same by way of demolition or construction on the site. At the same time that will not restrain you to file a suit against other siblings. Contesting a suit against X will not affect your right to file a partition suit.

Selva Perumal
Advocate, Chennai
329 Answers
36 Consultations

4.9 on 5.0

Generally not possible but may be an different opinion after looking at entire file.

Jugal Kishore Agrawal
Advocate, Jaipur
81 Answers

Not rated

1. Partition Deed is possible, by taking permission of the Court, wherein all the Three Joint-Owners can give undertaking in the Court, to continue the dispute and abide by the final order.

2. Conducting Partitition proceedings is NOT going to give any relief /immunity from the pending dispute, in any manner, to any of the three owners.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

This is my response to you:

1. It is advisable for your to wait for the judgment of this court on the title;

2. This is because it creates unnecessary confusion for the judge as well;

3. Though, you can apply for partition suit in the same case and distribute A, B and C's share, still it is advisable to wait.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

It is not clear who X is and whether the property is in his possession and enjoyment presently. Is X a tenant? In any case, the partition issue can be taken up only after the title issue is settled by court.

Swaminathan Neelakantan
Advocate, Coimbatore
1920 Answers
20 Consultations

4.9 on 5.0

Yes you can file a suit for partition as per pecunary and territorial jurisdiction

Ruchit Dugar
Advocate, New Delhi
190 Answers

4.9 on 5.0

Till the title issue is pending I don't think party will be entertained. As partition can only be for clear title property

Prashant Nayak
Advocate, Mumbai
27267 Answers
88 Consultations

4.4 on 5.0

The proeprty is currently in dispute with X.

Who is this X?

If X is not involved in the partition or not related to the proeprty why the dispute in court about this and what is the case pending before court?

How is the property belonging to ABC?

There can be no transaction done in the proeprty when the proeprty is under dispute before any court of law moreover there is status quo order in effect hence any such thing may lead to a contempt of court also.

So better be careful on that aspect.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

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