A Hindu male has adopted a boy and girl when he is not blessed with issues.
Later he has become a father for another daughter and two sons.
He has divided all properties to his sons through a written partition deed in 1973 including his adopted son and expired months later in testate.
After his death his youngest son came to know that his father has not disclosed a property he acquired much before partition, though expartee decree against his own son in law, with whom he is living and the entire acquiring of property was kept as a top secret .
In 1998, when son in law has expired, all legal heirs of the ancestor came to know of the undisclosed proerty and during life time of his father, the grand son (during his father's life time) filed a partition suit, obtained a decree, and in this partiton decree he has not disclosed all legal heirs (like adopted children and his aunt). However Hon Judge during hearing realized that all parties kept a necessary party out of this partition suit, and in judgment ruled that natural aunt (daughter) has to be made a partywhile applying for final decree.d
In partition suit filed in 1999, whether adopted children are also entitled or shares as legal heirs.as ancestor died intestate ? Whether not including them though they are entitled for a share makes decree a jurisdictional defective.? What is the remedy when preliminary decree was only obtained and compromise was made without filing execution decree in adjudged partition suit ?
