To get back wrongly alloted properties..

Mohamed Ali (Querist) 04 February 2009 This query is : Resolved
A Sunni hanafi Family partition suit is decreed. As per decree male is entitle for 2/17th share and female is entitle for 1/17th share in the property. Decree consisted of two types of properties town properties and revenue lands.

Final decree proceedings filed in 1989 to execute the decree, the town properties were divided as per decree and part of final decree proceedings for town properties is completed in 1996,

Some LR’s of one of the plaintiff who are not entitle for share has been jointly allotted properties in town along with other heirs of plaintiff,

Now execution is pending for town properties, and other part of same final decree proceedings for revenue lands is still pending.

Now we have file and IA in pending final decree proceedings to strike out LR”s who are not entitle for share,

we also want to get back the town properties allotted in 1996 to those LR’s who are not entitle for share.

Whether we have to file a separate suit or we have to raise this issue in the pending execution or we can raise this issue in pending final decree proceedings for revenue lands.

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smilingadvocate (Expert) 05 February 2009
You can question in final decree proceedings only not in execution proceedings or you can file an appeal on the said preliminary decree alloting the shares