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Sathiya Kumar   23 February 2018

how to get final degree?

1 we had prelemery degree judgement 2009 family partition from district court . there are 4 legal heir in family.
2 how to get final degree ? what it means?
3 based on premelery degree any one legal heir can sale land?
4 will settlement is possible?


Learning

 4 Replies

Adv. SUNIL MHATRE   23 February 2018

Is it decree or degree?

Sathiya Kumar   23 February 2018

it is decree.

Kumar Doab (FIN)     23 February 2018

Take help of a very able senior LOCAL counsel of unshakable repute and integrity specializing in revenue/civil matters and having successful track record………………including the one that helped you in court and is well versed with full facts of the matter or another one….for a considered opinion after showing all case related papers, inputs ...

 

Generically speaking; Application for final decree could be made.

The partition by metes and bounds might be possible.

Compromise/mutual agreement might be possible. 

Kumar Doab (FIN)     23 February 2018

You may pick up relevant points..

Supreme Court of India

Venu vs Ponnusamy Reddiar (Dead) Thr. Lrs ... on 27 April, 2017

Author: ................J.

Bench: Arun Mishra, Amitava Roy

https://indiankanoon.org/doc/107642065/

20…………….. is pertinent in this regard, in which it has been observed that in case parties had affected partition by metes and bounds as per the preliminary decree, it would not be necessary to undertake the final decree proceedings but in the instant case, it has not been found to be established that parties have worked out their rights by mutual agreement. Thus the final decree has to be drawn in accordance with law. We appreciate the fairness with which the case has been argued by the learned counsel appearing for the appellant.

Madras High Court

Varatharajulu Reddiar vs Venkatakrishna Reddiar And Ors. on 25 November, 1965

Equivalent citations: (1967) 2 MLJ 342

Author: M Natesan

https://indiankanoon.org/doc/889819/

12……………‘There will be need for division and allotment by the commissioner and a final decree only in respect of such items if any as have not been amicably divided and possession taken by the respective parties, in terms of their rights under the compromise decree, dated 7th August, 1959.’.


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