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Author Topic: Can a partition suite be filed under order 7 rule 1 of cpc?  (Read 328 times)

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Offline Refugee

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Hi,

I am undergoing a divorce case and my husband is prolonging the dates just to drag the case. He is harassing me in courts and all the things are going in his favor. Like its been 2 years still the case is in beginning stage, no maintenance order has been passed, I m finding very difficult to bear my expenses and my 7 yr old daughter's school expenses, inspite of filing a police complaint he passes filthy remarks from behind, follows me and my daughter and spread false things against me and my family in the society. I am very depressed seeing all this and feel suicidal, but only my 7 yr old daughter is making me live.

Hence my lawyer suggested me to file a property case against him. Its his father's self acquired property and few years back he(father-in-law) passed away without any will as per my knowledge.

Now my lawyer is telling me to file a partition suit in my minor daughter's name in order to bring him to his toes. She is filing it under ORDER VII rule 1 of Civil Procedure Code. Will the grandaughter be eligible for the share of property in her grandfather's self acquired property? If not what step I can take?

Please advice. I am in great need of help.

Thanks in advance

« Last Edit: June 16, 2016, 06:50:25 AM by Refugee »

 

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