Legal Question in Civil Litigation in India
partition of property
respected sir,my father had entered into an agreement 10 years ago.the party had paid a substantial amount,but failed to pay the remaining amount in the stipulated time,thus cancelling the agreement.now,we wish to partition the property through court.does the person who has paid the advance have any right to implead in this?
3 Answers from Attorneys
Re: partition of property
as to the legal remedies under agreement executed 10 years back by your father on receipt of substantial portion of the consideration are time barred; therfore your present legal action to partition the inherited property does not call for the impleading of the person who paid money to your father; he is neither entitled to seek specific performance nor seek return of the money paid.
Re: partition of property
No, the party who paid money ten years ago is not required to be made party in partition proceedings.
Sarat Chandra
Re: partition of property
Dear sir,
It is not necessory to implead a person who paid substantial amount and had entered into an agreement 10 years ago with your father.
Now he has no right to claim for money nor he can seek for specific performance.
now you can go ahead with court partition.
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