final degree , partition
mahesan
(Querist) 03 July 2011
This query is : Resolved
Daughter filed the suit for partition against the father and brothers in the year of 1997. Preliminray decrre passed and 1/5 shares alllotted to duaghter. After Preli. decree father died. Now daughter going to filing the final decree application. In mean while father died? mother is another one legal heir of the fther and she only add to final decree application. How can duaghter divide the father's 1/5 share in the final decree application/ What is the procedure for to implead the mother name in the preliminary decree application? What is the provision of supplementary application? Any amendment appliction to file the amend the preliniary decree? Properties at tamilnadu
Vinjamuri Venkata Rao
(Expert) 04 July 2011
Dear Brother
Please verify Order XXII and file a petition to implead the mother as a Legal Heir of the father, as all other legal heirs are on record by filing a separate Petition along with the Final Decree Petition ok.
You may ask father's 1/5 undivided share also in the final Decree Petition, as father died, after passing preliminary Decree. No amendment Petition need to be field ok
pl let me know if you have any further clarifications ok
my e.mail is
vvr_advocate@yahoo.co.in
bye
vvrao