Compromise decree
Shwetal Jadhav
(Querist) 24 January 2013
This query is : Resolved
Dear Sirs,
In the year 1997, our joint family property was partitioned through the compromise decree of court. All the parties were given possessions of their respective shares at the time of filing compromise and this fact is mentioned in decree. All the parties are in possession of their shares since then. There were no execution proceedings since all the parties were given possessions. The decree is not posted in 7/12 of the revenue records till date. Now one of the parties is saying the partition as per the compromise decree is not acceptable to him. Does this decree provide enough protection to us? Is the decree valid? Can we get the 7/12 altered as per the decree now?
Devajyoti Barman
(Expert) 24 January 2013
Since decree is not challenged as yer , it has attained finality.
It can no more be challenged.
Shwetal Jadhav
(Querist) 24 January 2013
Some lawyers are saying since it is now 12 years and there was no execution proceedings, the decree is not valid and it cannot be posted in 7/12 now.
I am confused?
Devajyoti Barman
(Expert) 24 January 2013
The decree is very much valid.
To make it valid one need not file execution case.
R.K Nanda
(Expert) 24 January 2013
no more to add.
Shwetal Jadhav
(Querist) 25 January 2013
Dear Experts,
I am grateful for the valuable advise. Kindly advise as to how to get this decree registered tin 7/12 of the village record? Is there any time limit for this process.
R.K Nanda
(Expert) 25 January 2013
go to patwari.
prabhakar singh
(Expert) 25 January 2013
All depends on how the compromise terms are drafted?
No opinion with out opportunity to go through
terms recorded.
Many a times even a compromise in court can be void in absence of its' registration.
V R SHROFF
(Expert) 25 January 2013
I do agree with advice of Barman.
get certified true copy of order passed on compromised terms settled thru court, and ask it's entry in 7/12 extract
Shwetal Jadhav
(Querist) 26 January 2013
Respected Prabhakar Singh Ji,
The following are the compromise terms:
1. Respective parties are put in possession of their shares after deciding their shares and the parties are cultivating their lands since then
2. Parties have to pay certain sum of money every year to their parents which we are paying
3. Court has mentioned in decree that decree should be entered in 7/12
4. All the property was previously owned by Grandfather and Grandmother.
5. This compromise is between family members.
Kindly advise. Did it require registration.
prabhakar singh
(Expert) 26 January 2013
Then move mutation to get it entered in 7/12.
That too was required to be done then and there.
"1. Respective parties are put in possession of their shares after deciding their shares and the parties are cultivating their lands since then" Some fatality may arise with this term in case some one contest.If one proves that it meant to a partition and possession even before suit the memorandum whereof was recorded by the compromise then it is valid,else it needed registration.
