About decree
Ramachandra
(Querist) 01 April 2016
This query is : Resolved
A person filed recovery suit on my brother
And obtained a decree . is there any possibility to challenge that decree by me because it is collusive and he has file an execution petition and sought for attachment and sale of the property which my brother has already relinquished his rights by unregistered relinquished deed to other family members .
r.sathyanarayanan
(Expert) 01 April 2016
You obtain poa from your brother and file appeal and get a stay.unregistered deed does not have any legal validity .
Tarun Thakur
(Expert) 01 April 2016
You can file objections in execution petition
Tarun Thakur
(Expert) 01 April 2016
You can file objections in execution petition
T. Kalaiselvan, Advocate
(Expert) 09 April 2016
If you are not a party to suit, you cannot fight the case and there is no reason to fight the case on his behalf once he has lost it.
If you believe there is a gross injustice to you, then you may file a petition to implead you as a party and file an appeal against the judgment requesting the court to set aside the verdict and for hearing your side for rendering justice to you.
You should be aware that the unregistered relinquishment deed is not valid in law and cannot be considered as an admissible evidence and moreover this will be considered as a document created to deny justice to plaintiff by playing fraud.
Better plan to prefer an appeal to the original judgment. .
ADV-JEEVAN PATIL, MUMBAI
(Expert) 02 April 2016
