Partition

basavaraj shiromani (Querist) 23 November 2013 This query is : Resolved
Plaintiff filed a suit for partition and separate possession of the properties against his father and brother. The trial court passed a preliminary decree allotting his 1/3rd share. subsequently before filing the Final Decree proceedings, father died. Plaintiff filed his FDP by claiming his enhanced 1/2 share instead of 1/3rd as his father died.
My question is, in this situation amendment of preliminary decree is necessary or not.

without amending the preliminary decree also plaintiff can filed FDP

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ABDUL RAZIQUE (Expert) 23 November 2013
As per my knowledge it may be amendment of preliminary decree is necessary.

Rajendra K Goyal (Expert) 24 November 2013
Amendment in Preliminary decree is necessary.

T. Kalaiselvan, Advocate (Expert) 24 November 2013
amendment can be filed in the final decree because the pre-decree has already been passed, so only on revision it can be decided,the same court cannot do it.

ABDUL RAZIQUE (Expert) 30 November 2013
Nothing more to add.

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