Q: counter claim maintainable??
a property a purchased by a in 1970, sold by a to his sons b and c in 1980.the legal heirs of b filed suit for partition in 2012. legal heirs of c claims that b sold the property to c via agreement. suit for partition running evidenced done and for rebuttal now in 2016 legal heirs of c comes with the agreement as a counter claim . will it should be allowed?
A:
Based on the information provided, it seems the legal heirs of C are attempting to introduce a new claim via counterclaim in 2016, asserting that B had sold his share of the property to C via an agreement, after the partition suit was filed by B's legal heirs in 2012.
The maintainability of this counterclaim would depend on several factors:
1. Limitation period: The counterclaim's admissibility would be subject to the applicable limitation period for such claims under the relevant laws. If the agreement was executed well before the partition suit and the limitation period has expired, the counterclaim may not be maintainable.
2. Stage of the suit: The court's willingness to admit the counterclaim may also depend on the stage of the partition suit. If the suit has significantly progressed and the counterclaim is being introduced at a late stage, the court may be reluctant to admit it.
3. Evidence of the agreement: The court would consider the authenticity and validity of the agreement presented by C's legal heirs. They would need to provide proper evidence to support their claim.
4. Reasons for delay: The legal heirs of C would need to justify the delay in presenting this counterclaim. They would need to explain why this agreement was not brought to light earlier.
Ultimately, the decision to allow or dismiss the counterclaim would be at the discretion of the court after considering the above factors and other relevant aspects of the case. The legal heirs of C would need to present a strong case for the admissibility of their counterclaim, given the delay in its presentation.
It is advisable to consult with a local lawyer who can review the specific details of the case and provide a more accurate assessment based on the applicable laws and precedents in the jurisdiction where the case is being heard.
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