12 October 2019
There are 8 owners to a property which is ancestral and a partition suit was filed and final decree was obtained. But there was certain downfalls in partition due to lack of proper documents. One property is jointly owned by 8 owners. 2 of the owners havent got proper share in property.However other 6 owners have gone ahead and obtained the decree copy. Now they want to register the joint property even without the consent of other 2 owners. My query is can the 6 owners register the undivided property without the signature of these 2 owners. If Yes, what should the other 2 owners do. How can the other 2 owners stop the registration till proper partition is done. Can the other 2 owners challenge the final decree for equitable distribution of property. The decree was obtained 2 1/2 yrs ago. With condonation delay can the 2 owners file a challenge petition against the final decree passed in the high court or supreme court. Kindly clarify
13 October 2019
Mr./ Ms Anonymous, What is your status/ locus standi/ concern with the suit property vis-a-vis this query? When final decree for partition is stated to have been drawn, what is left over for further distribution/ share? Statement is vague and confusing. Answer to your query qua filing of appeal by 2 of 8 aggrieved shareholders is "yes". It would be better to consult your lawyer (if you are a litigant) who is an able, competent and intelligent besides the fact that s/he is well aware about the facts of the case/documents for proper advise/ guidance. You may opt for second opinion from a local prudent lawyer with relevant records and case file.