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Vivek G.S (Instructor)     20 October 2009

Compromise on Partition Suit.

Compromise on Partition Suit.

Since being L.Rs of defendants of a pending case of a separate possession and part ion suit filed by my father sister although we have submitted  registered will deed by my grand father of his self acquired in my name and my brothers name. my aunt has been given to a well to do family (married in 1958 , filed the case in 1997) and also a house property to her as gift deed by grandfather, she is in possession of the said Gift Deed. Now when the case has come for arguments she has proposed for a compromise. We to thought of it and agreed for a compromise. Since my grand father has only two children ie, my father who expired in the process of the case and my aunt ie my fathers sister. My question is what are other points to be mentioned so that they do not challenge after the decree of the compromise.
As my aunt sons are goonda types, they have agreed on one condition that only my aunt and his first son will sign the compromise petition and not her 2nd and 3rd son and also her husband, my worry is can the 2nd and 3rd son or her husband can appeal at later state after the decree is awarded. Can they come on grounds that her mother was not in sound state or some other reason…..etc
 If there are any point to be included in compromise petition stating they cannot appeal for the decree at a later state any citation or sample compromise petition may be helpful
My e-mail-ID is vivekgs@yahoo.com
Thanking every one in advance
 


Learning

 1 Replies

Y V Vishweshwar Rao (Advocate )     15 November 2009

The Suit is filed  by Your  Paternal Aunty against  Your father  Late ( Now Your are on record as LR ) . Teh Sons and Husband of Plaintiff  are nto parties to the suit . In fact they ahve no independet  interest , other than through your aunty !

 The Compromise between Your Aunty / Plaintiff and You is suffcient . The same can be recorded by the Hon'ble Court and after filing the Compromise the Judge will orally aske both the  parties and record the statement regading admission of the Compromis and pass Decree accordingly !

Your  apprehensions  regarding appeal at late stage by sons and husband statign that Plaintiif is not in sount mind ,------ for this  you may  requst  the court while recording the Compromise , to record the sound state of Mind of Plaintff and reuqire her to be present along with her family members !  


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