Whether the final decree is valid without passing preliminary decree in PARTITION SUIT?The prelimanary decree is mandatory in PARTITION SUIT
M V S ANIL KUMAR RAJAGIRI (ADVOCATE) 02 January 2012
Whether the final decree is valid without passing preliminary decree in PARTITION SUIT?The prelimanary decree is mandatory in PARTITION SUIT
adv. rajeev ( rajoo ) (practicing advocate) 02 January 2012
Preliminary decree is necessary.
Vakeel Civil Court (Director) 02 January 2012
Preliminary decree becomes necessary when partition is confirmed but some thing more is needed to be done to allot individual shares and divide the properties by meets and bounds.
In case where the partition is for a single property and/or division is very simple, and also when the parties compromise to share the property a final decree may be granted without the need of preliminary decree.
Raghav Sood (Lawyer) 02 January 2012
the preliminary decree crytallize the rights of parties in the event of suit seeking the partition of properties and final decree will be formulated upon motion of party to culiminate the right of severence
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