Cancellation of decree
anupam sharma
(Querist) 04 April 2013
This query is : Resolved
a decree for declaration of co ownership of by son in property of father was passed 1973. A Will was framed by mother of decree holder in which the shares of all sons were defined and statement of no objection therein by all sons including the litigant son. will challanged in civil court. lok adalat passes order based on statements of all sons as to no objection to will which included the property forming subject matter of decree dated 1973. can original decree be cancelled now on basis of the lok adallat order.
Devajyoti Barman
(Expert) 04 April 2013
Consent decree passed in Lok Adalat can in no circumstance be challenged.
prabhakar singh
(Expert) 04 April 2013
Then if the litigant son also has signed the compromise before lok adalat, then he has surrendered his rights he had under the decree of 1973.Fresh suit is neither necessary nor would lie.
Raj Kumar Makkad
(Expert) 04 April 2013
The decree holder son had a party to the subsequent litigation before Lok Adalat and he accepted the updated arrangement between the family consisting the property against which decree had been passed in his favour hence he is bound by his own act and conduct and subsequent relinquishment of his rights. The earlier decree automatically gets nullified in the given case. There is no need to get it cancelled as desired.
R.K Nanda
(Expert) 04 April 2013
no more to add.
anupam sharma
(Querist) 08 April 2013
thank you all. but the brothers of litigant sons have filed for declaration of cancellation of decree of coownership.should it be withdrawn? will it affect teh father who is pleaded as a respondent? if es, how.How to get the lok adalat award implemented/executed? the estate office is refusing ti give the NOC to father who seeks to sell property in question. WHAT should the father do?
