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Guruprasad (Lead)     19 February 2024

Compromise decree on suited property

Hi All, 

Thanks for your suggestions always. There is a compromise decree passed between my wife and her brother in 2015 on her father property but there was already another partition suit filed in 2014, so is this compromise decree valid or further partition is required.



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     19 February 2024

If the compromise decree covers the property of the pending suit also then you can proceed with further formalities on this basis itself.

After that the other suit can be withdrawn.

Guruprasad (Lead)     20 February 2024

Thanks sir, just wanted to know that is there any chance that  compromise decree get cancelled or become in valid as the compromise decree was issued before the other partition suit is cleared and also the property was also not  partioned between my father in law and his brothers yet.

T. Kalaiselvan, Advocate (Advocate)     20 February 2024

Compromise decree if signed by all concerned parties are legally valid and cannot be reopened for any reason neither an appeal can be preferred except if it is claimed that it was obtained playing fraud on court. 

Shashi Dhara   20 February 2024

You would have compromised in partition suit itself only now submit memo of compromise with compromise copy enclosed to dismiss partition suit.


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