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Mohamed Ali (employee)     23 March 2009

Competency of Final decree proceedings

 

 Dera All,

 Our partition suit is pending in Final decree proceedings, In which some non bonafide purchasers , legal heirs who are not entitle for share has been made parties,

Just what to know what is the competecny of final decree proceedings, is final decree proceedings is like Orginal suite pending..

Thanks

 

 

 



Learning

 2 Replies

Y V Vishweshwar Rao (Advocate )     23 March 2009

The Preliminary Decree for partition declares the share of the  parties  and the same has to be divided in Final decree by workign out  the best enjoyment of  proeprties by the parties.


The  Final Decree Proceeigns  , in genral , are  for division of  propertiesby metes and bounds  and Separate Possession  to the  parties . A  Commissioner will be appointed and he will devide the proerties as per the Preliminary Decree and Court directiosn  and submits  his report ot the Court and  on hearing  the objectioasn on  the Commissioners  Reprot the Court will pass Final decree in parition Suit  there by the parties will get theri respective parts of the property by  metes and bounds and he will be entilted to have exclussive possession and Rights .


Regarding the non bonafide purchasers and other legal heirs   it is be  noted that a purchaser form a share holder  is entitled to the share of his Vendor and  legla heirs of any share holder  are  entield to the share  under whom they are  claiming . 


In case the third  party purchaser and other legal heiors are not  entitled  to any share of proerties , the Same will be recorded in the Final Decree proceedigns. The entitelment of the third purchasers and legal heirs can be considered in the Fianl Decree proceedings as the same is continuatuation of the original  Partition Suit Proceedigns .

Ajay kumar singh (Advocate)     23 March 2009

so far I understand, the nature of final decree proceeding is like execution of preliminary decree. Only those persons or their heirs should be made parties who were parties in the original suit. If unnecessary persons have been added as parties, their names may be deleted by amending the petition for preparation of final decree. 


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