Legal Question in Real Estate Law in India

Estopple

Plaintiff lost the suit 4 ownership 2 a property which he claimed 2 b his own exclusively. It is decreed that the plaintiff IS NOT THE OWNER. Held that '' at the most plaintiff is a co-owner of the suit property But cannot b a owner by any streach of imagination''. tHE QUERY IS can he b ESTOPPED 4 filing a new suit on the basis of co-ownership Notwithstanding the fact that he lost the earlier case wherein representing himself as the sole owner of the suit property / whether he could b punished 4 his misrepresentation & fraud.


Asked on 10/12/08, 8:33 am

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

Re: Estopple

Gentleman, do not be obsessed by this case. My impression is that you are asking this question for the third or fourth time. Please ignore this comment if you are not the same person who is litigating with his brother.

There is no fraud or misrepresentation.

The plaintiff is entitled to his half share. There is no estoppel involved. He can seek partition of property to get his share by filing a fresh suit.

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Answered on 10/12/08, 11:00 am
Urvi Rathod UR Legal (International Law firm) Advocates & Legal Consultants

Re: Estopple

Plaintiff can file a fresh suit for his share in the property. He can not be punished for any misrepresentation or fraud.

for further clarifiaction call 9892193167,28904722(mumbai)

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Answered on 10/14/08, 12:32 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Estopple

Plaintiff may not be estopped.

If Plaintiff had played any fraud on Court, action can be taken.

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Answered on 10/13/08, 1:39 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: Estopple

this is not a matter of estopple rather its a matter of res judicate or res sub judice. the plaintiff can file a fresh suit claiming to be the co owner and also for partition. there cannot be any bar as the court herself observed that he may be the co owner of the suit property.

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Answered on 10/13/08, 7:23 am


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