Compromsie Decree is valid or not
anand
(Querist) 19 December 2010
This query is : Resolved
If one suit Running on same we can file another one is it possible
e.g- If 'A' & 'B' have joint property B died. In 'B'share property heirs ['x'] one of them filed a case that she want her share in 'B'PROPERTY.But the others heirs [her brother]dont want to give their share, than 'A' also want his seprate partition and Possession that 'B' heris are giving problem to 'A' families.That the 'B' heirs dont want to do seprate it.Recently The Court has passed Preliminary Decree 1/5th share had given to ['X'] in 'B' property and seprate partition and possession to 'A'. On FDP [Final Decree proceeding]the other heirs of 'B' had filed again one case that already 'A' had taken illegaly his share in the proeprty and made compromise decree['A' one of his son filed a case that he WANTS his share in 'A' Property than they made compromsie decree within them only] The decree was made 3years Back and enterd his sons in property card in his share only not in 'B' share]'B' heirs filed case on that Compromise decree that already one SUIT is runnig how can he is asking his share which is running 'A' made a compromise decree and enter in his share his children Name.
The Compromise Decree is Valid or not or it is illegal[If it is illegal than 'A' is the owner of that property he is safe or not.
Y V Vishweshwar Rao
(Expert) 19 December 2010
All the parties of A & B Family are parties to the Suit and Properties of A & B are included in the partition suit in which Preliminary Decree is passed ! details may be mentioned .
anand
(Querist) 19 December 2010
Exper Y.V.Vishweshwar Rao Sir we not made a party to 'B' Bcoz they dont want to give the share of 'A' and 'X' than ['A' decided to enter their sons name in the property, 'A' one of his son filed suit and made the party to 'A' family only it is not necessary to make party to 'B'] 'B'Family heir giving lot of problem. plz solve my problem
niranjan
(Expert) 19 December 2010
As I could gather from the querry that each of heir of A and B filed suit for their share in respective share of A and B resp.But there is no partition between A and B. So except the relevant shares the property remain joint. In that case,any one heir can file suit for partition of remaining joint property wherein all heirs of A and B(except those who have got shares)should be joined and property partitioned. I think until then both the decrees are not executable,though valid.
