Rule 2002 - Prosecution of Actions by Real Parties in Interest. Exceptions (a) Except as otherwise provided in clauses (b), (c) and (d) of this rule, all actions shall be prosecuted by and in the name of the real party in interest, without distinction between contracts under seal and parol contracts.
To initiate a partition action in Pennsylvania, a co-owner must file a partition complaint at the Court of Common Pleas in the county in which the property is located. The partition complaint will include the names of the co-owners, the property description, the co-owners interest in the property.
Rule 1558 - Preliminary Conference Appointment of Hearing Officer (a) The court, after the entry of the order directing partition, shall direct the parties or their attorneys to appear for a preliminary conference to consider (1) whether the parties can agree upon a plan of partition or sale; (2) the simplification of ...
Rule 231 - Second Action (a) After a discontinuance or voluntary nonsuit the plaintiff may commence a second action upon the same cause of action upon payment of the costs of the former action. (b) After the entry of a compulsory nonsuit the plaintiff may not commence a second action upon the same cause of action.
Code r. 1066. Rule 1066 - Form of Judgment or Order (a) The court shall grant appropriate relief upon affidavit that a complaint containing a notice to defend has been served and that the defendant has not filed an answer, or after a hearing or trial on the pleadings or merits.
Actions for Wrongful Death and Survival Actions (a) In actions pending in a county which involve a common question of law or fact or which arise from the same transaction or occurrence, the court on its own motion or on motion of any party may order a joint hearing or trial of any matter in issue in the actions, may ...
Rule 1028 - Preliminary Objections (a) Preliminary objections may be filed by any party to any pleading and are limited to the following grounds: (1) lack of jurisdiction over the subject matter of the action or the person of the defendant, improper venue or improper form or service of a writ of summons or a complaint; ...
In a recent landmark judgment, the Supreme Court of India held that in a suit for partition of joint property, every interested party is deemed a plaintiff. This means that each co-sharer has the right to initiate and pursue a partition suit, and no one co-sharer can prevent another from doing so.
In a recent landmark judgment, the Supreme Court of India held that in a suit for partition of joint property, every interested party is deemed a plaintiff. This means that each co-sharer has the right to initiate and pursue a partition suit, and no one co-sharer can prevent another from doing so.
This is known as a “Deed of Partition”. This will cover the details of the property to be transferred with reference to the different parties and the trustees as well as how the tax will be dealt with.