Can a decree be challanged?
Amarjeet yadav
(Querist) 26 June 2009
This query is : Resolved
Here i have transferred my share of land in favour of my sons in 1995 and a court decree was obtained in this regard now the situation is this that my sons are not taking care of mine so i want my part of land back plz guide me can this decree be set-aside?
A V Vishal
(Expert) 26 June 2009
No however you can file a suit u/s.125 Cr P C for maintenance from your sons.
Kiran Kumar
(Expert) 27 June 2009
well decree can only be challanged if there is some fraud played on the court that u did not......if u plead fraud now u ll be in trouble.
Vishal has rightly suggested that u ve better remedy under S. 125 Cr.P.C to claim maintenance from ur sons.
SC has become very strict where the elederly parents have been neglected by the sons.
adv. rajeev ( rajoo )
(Expert) 27 June 2009
It seems that yours' is compromise decree, it cannot be challenged.
RAKHI BUDHIRAJA ADVOCATE
(Expert) 27 June 2009
In your case the decree can not be challenged. U should file a case u/s 125 Cr.P.C. for maintenance against your son/s. There is no other way. Besides that I'm very surprised to see the position of parents at their old age, when they have no way to go after getting destituted by their children for they take pains whole life. Its really embarassing & disguisting.
PALNITKAR V.V.
(Expert) 27 June 2009
I would suggest to go u/s 125 as urgent remedy. But the proper remedy is to file claim maintenance under civil law that would give you pretty good amount of maintenance.
