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Preliminary Decree

(Querist) 02 October 2010 This query is : Resolved 
Sir/Madam
The, Hon able court given Preliminary decree after that I have to for FDP wht will happend in FDP is there again appeal,etc is it lengthy proceducre.

I had given the preliminary decree to all department for mutation of name in CMC,Police Department,Licence Department they all are asking me to get the Orignial Document that i dont have than what to do again i have to go through court.They are not entering my name what to do that all orignal document, that defendant have and he is not giving i have to call out in FDP.
Devajyoti Barman (Expert) 02 October 2010
After 30 days from the date of decree the plaintiff can apply for the return of the original documents lying with the case record. So if you have not done so, then do immediately.
s.subramanian (Expert) 03 October 2010
You cannot seek transfer of mutation entries on the basis of the preliminary decree. The preliminary decree in a suit for partition merely declares the rights of the parties. The final decree alone works out the specific shares of the parties and grants them to them repectively. Hence the final decree is compulsorily registered ,The shares are allotted only in the final decree. You cannot do anything without obtaining the final decree as the proceedings are incomplete. You have no other option but to proceed for Final Decree.
Chanchal Nag Chowdhury (Expert) 03 October 2010
U have to go in for FDP.


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