Consent deed
karthikeyan
(Querist) 18 December 2009
This query is : Resolved
In a compromise decree of a partition suit, Major sons of one of the plaintiffs were not included as a party and I am the defendant in the afore said suit. Any one please suggest me the remedy .A consent deed from the plaintiffs will do?
A V Vishal
(Expert) 18 December 2009
Mr Karthikeyan
The major sons of one of the plaintiff is also a sharer in the ancestral property, in view of the same the major sons also need to sign the document lest you should face any litigations from them in the future.
karthikeyan
(Querist) 18 December 2009
already The suit has been decreed without the major sons as a party.Please suggest me if i get a consent deed from the major sons and get the same registraded wouldnt i face any litigations from them in the future.
niranjan
(Expert) 18 December 2009
Partition suit can be filed for both type of properties. which is yours?
adv. rajeev ( rajoo )
(Expert) 18 December 2009
partition between whom it is not clear in your question.
If the suit is filed by the sons against the father to claim their share then no need of major sons as parties to the suit, of one of the plaintiffs.
Raj Kumar Makkad
(Expert) 18 December 2009
Decree in the given facts is a nullity which cannot be cured by way of affidavits or consent. The rights of the elders sons cannot be taken away from them by way of suppressing the material facts from court and such persons/sons can make litigation at any stage but not beyond 3 years of the knowledge of decree.
If those given consent to admit the decree and remain silent till next 3 years then you have not to worry.
