Legal Question in Civil Rights Law in India

sir, my father had 4 brothers and a registered partition deed was executed for two ancestral properties and 6 joint family properties in year 2002. now one of my cousin ( whose father executed partition deed with full consent ) has filed for re partition in trail court.in year 2008. i want to know is he having locus standi to challenge the regd partition deed between brothers and after khatas have been changed for respective parties.can he challenge joint family properties. the value of respective share of each party exceeds rs 30 lakhs..is it barred by value limitation at civil court..now my uncle is dead and his share of properties have been changed to name of his family members ,one of whom is my cousin who has filed for repartition.the main plea of my cousin is that partition is not satisfatory and repartition n has to be done. is he having locus standi and is suit proper in view of above facts mentioned herein. can this be quashed by filing writ petion in high court.pl clarify.

ramesh

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Asked on 9/09/13, 8:16 pm

2 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Since it is a pending court case, you may need to defend, preferably through a local Advocate.

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Answered on 9/09/13, 9:28 pm
Fca Prashant Chavan Expert Edge LLP

10.09.2013

Dear Sir / Madam,

NO. Your cousin has no locus standi to challenge the registered partition deed. And you must also not forget that the Court has to attend and dispose off hearings of other plaints too, and not waste all their time only on your family disputes. In my opinion, even if your cousin succeeds in filing a challenge petition, it will be summarily dismissed by the Court.

Regards,

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Answered on 9/09/13, 11:40 pm


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