Challenge to decision of declaration suit.

pawan kumar (Querist) 05 May 2016 This query is : Resolved
Declaration suit decided and decreed in1991 virtue of which property was declared to be given to two brothers. 3rd brother didn't challenge the decree till 2016.Now can he challenge the decree on the grounds that decision of declaration suit and grant of decree by court was not in his knowledge. Father who was defenet in declaration suit has expired. .pl advise

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Rajendra K Goyal (Expert) 05 May 2016
Whether third brother was a party in the declaration suit decided?

Whether he was a minor?

Full set of documents need to be referred, discuss with local lawyer.

pawan kumar (Querist) 05 May 2016
Third brother was not apartyin declaration suit decided.He was not minor at that time.

Rajendra K Goyal (Expert) 07 May 2016
In the given circumstances, he has good grounds to challenge.

pawan kumar (Querist) 07 May 2016
Is any limitation period to challenge decision of declaration suit and decree which was given in 1991.Father who was defenant in the case has since expired

pawan kumar (Querist) 07 May 2016
If challenge is to be made what could be the grounds

Kumar Doab (Expert) 08 May 2016
Same query is posted at:

http://www.lawyersclubindia.com/experts/Ownership-through-court-decree-597616.asp

Engage an able counsel and show all docs on record.

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