Legal Question in Civil Litigation in India
there were 9 partners in a property with undivided share . in which 1 partner has filed a suit for partition which is running recently he along with six others partner sold his share 2 builder. now builder wants 2 become party in suit partition
by submiitng six registry what can i do..
4 Answers from Attorneys
if you don't want to sell your share then contest the partition.
As per recent (2011) judgment of supreme court, a cosharer cannot sell his share until the partition has taken place. So sale without partition is not legal. Builders cannot be allowed to become party in it as the suit is based on cause of action for partition which can be adjudicated in the absence of builders. therefore builders are not necessary party
the builder bought the property in utter violation of law once a suit for partition is pending.
application under Order 1 rule 10 CPC for becoming a party in the suit.
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