A Sunni hanafi Muslim partition suit was decreed, and brother and sisters were entitle for some share as per decree...
Before the application for Final decree proceedings is filed all the decree holders died,
Hence
in one daughters case who was also a decree holder, died before Final
decree proceedings application filed, Her LR's were brought on record
in still pending Final decree proceedings,
She had 1 son and 2
daughters, where as the Son has predeceased her with 3 childrens, As
Orphaned grandchildren are not enttile for any share as per Muslim
law,they are not enttile for any share share but my mistake they were
brought on record while filing Ffor Final decree proceedings which is
still pending,
Question :- Can these LR's of decree holder(ie
orphaned grandchildren) can be striked out from record in pending Final
decre proceedings itself or we have to file a seperate suite after
Final decree proceedings. we have objected thru a Interlocutary
application in pending final decree proceedings to delete these LR's..
The LRs who are not necessary parties can be dropped in the final decree proceeding itself under the provisions of CPC.
