how to challenge the final decree (partition)

This query is : Resolved 

11 August 2009

Dear Sir,

Final Decree provided in the year 1989 but we came to know that there is some fraud or misguidance in the final decree, we having proper evidence in this regard, please tell me how we can take the justification on this issue. This is basically partition suit filled by my grand mother for her share in her father’s property with third party (Mr.X).

2) Third party Mr.X acquired entire property by setup of will. but court given the judgment (separate judgment) for cancellation of will by saying will was arranged by fraud and not genuine but still date in local authorities having this name in there register, please give me your precious opinion on this matter that means how to cancel his name in the local authority (BBMP). Can we approach for writ petition on this matter or not.

Kindly help me please.....

Thanks with advance.


Y V Vishweshwar Rao (Expert)
11 August 2009

1- File A Petition Before BBMP/local Authority stating that the Mutation in the name of X was on the basis of a fraud Will Deed and the same is declared by the Court/under a Decree and request the Local authority to revoke the Mutation as the Will was arranged frudlently - if not conisidered by BBMP,then file WP

2- The Possession of proeperty is with your /or/ with Mr X

3- Final decree in the year 1989 ! - whether any Steps taken for execution of the Decree - details not available !

4- The misguindence in the Final decree could have been rectified by amendment of the Decree - it has to be considerd that Decere is of 1989 - 19/20 years period /lapsed

Better to consult the Local Senior Advocate with all details

Ranganath.T (Querist)
12 August 2009

Kind attn to Mr. Vishweshwar Rao sir,

Thank you sir,

please guide me how I can approch to court for Amendment of the Decree.

Pls help me sir,

Thanking you.


Y V Vishweshwar Rao (Expert)
12 August 2009

You are in Banglore ! I Refer to Mr Sanjeev Desai Advocate -who is LCI Member and he can help you in this regard , persoanally Contact him and explain all the facts of your case to him . I hope that, he may help You in this Regard !

Ranganath.T (Querist)
13 August 2009


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