Ownership through court decree
pawan kumar
(Querist) 07 May 2016
This query is : Resolved
Can ownership over the property be claimed by decree holder awarded in declaration suit.
Kumar Doab
(Expert) 07 May 2016
Post all facts of the matter.
pawan kumar
(Querist) 07 May 2016
Facts r as under. This is no t academic query.My father incourt gave his statement that he has no objection if property is given to me in the course of proceedings in declaration suit filed by me.He further gave statement in writing that declaration suit be decreed in my favour. Accordingly court gave decision in my favour and passed the decree.in1991. Can I claim ownership right over this property. Can this decree be challenged now by my brother who was not involved in the declaration suitas suit was filed by me and father was defendant . Property in question was self acquired by father. In other words this was not ancestral property. Pl advise now.
Ajay Bansal
(Expert) 07 May 2016
As per said decree you are owner of property in question. Though your brother can challenge it in court, but there is no likelihood of his winning.
P. Venu
(Expert) 08 May 2016
The queriest has been posting multiple threads on one and the same issue and experts have taken care to provide many a useful and meaningful. It is not understood why he is still persisting with the issue.
pawan kumar
(Querist) 08 May 2016
Mr. Venu u r unable to explain the position and making excuses. I think u must reply to explain in full instead of getting annoyed.
Devajyoti Barman
(Expert) 08 May 2016
If your brother has no share in the property he can not challenge the decree ,more so, when he is not party to the suit.
Ownership on the basis of decree is binding on others only when the person has title over the property.
Court cna not pass on full title if the plaintiff has otherwise no exclusive ownership.
Kumar Doab
(Expert) 08 May 2016
@ Pawan Kumar,
You have posted in your last post that:
"Mr. Venu u r unable to explain the position and making excuses. I think u must reply to explain in full instead of getting annoyed."
You are rather, unable to understand.
Instead of remaining ever thankful for getting responses in all threads, you are becoming rude and disrespectful, and on the top of that commanding.
A healthy discussion invites moderation's by experts and many aspects get unfolded.
You will not be getting further inputs that you, now require, in threads.
Experts and Admin is once again prompted to reject such authors.
