Can one sibling continue partition suit if others withdraw?
There are 9 siblings involved in a partition suit for our parental home. If the petitioner and some respondents settle with the opposing party and withdraw, can the remaining sibling (G) continue to contest the suit alone to claim his share, or will the case be closed?
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Advocate By LEAD INDIA
Answered: 02 Jun 2025
If the other siblings settle and withdraw, respondent “G” can still continue the partition suit to claim his share. He has an independent legal right. The court will not dismiss his claim just because others reached an out-of-court settlement. G must inform the court he wishes to proceed. For further legal assistance contact us on our helpline number.
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