Doubt on award of lokadalat.
varma
(Querist) 10 November 2011
This query is : Resolved
If 'X' had written his property to 1st son children A,B of 1 acre in North side & 2nd son children 'C' of 1 acre in south side through registered WILL.After X has died & where probate is not compulsary then 'A' & 'B' made oral partition of 0.5 & 0.5 acre by entering terms of comprimize conditions of oral partition with clear boundaries of the properties & both A,B signed before lokadalat and decree is passed by lok adalat.Now my question is
1) Once lokadalat decree is passed & after 5 years whether 'C' had any right to suit against lokadalat decree for A,B regarding dispute in boundary
2)Any Outsider (Not'C') who had interested in that property can suit in civil court at any time by challenging ownership of on A,B
3) whether Lokadalat decree can be challenged by 3rd party ,if so what is the time limit for that 3rd party
prabhakar singh
(Expert) 10 November 2011
1]any decree binds only parties.so decree passed by lokadalat is binding between A and B alone and NOT on C.
2]If claims title adverse to interest of A or B ,he can.
3]Any decree passed by lokadalat or any court
as told above binds only parties,hence decree
being not binding on a third party ,he does not need to challenge the decree,he shall sue
with in 12 years from date he pleads a cause of action has arose to him.
Shailesh Kr. Shah
(Expert) 11 November 2011
I completely agree with Mr. Prabhakar Singh.
Prasan
(Expert) 11 November 2011
1) Though the Decree is of Lok adalat, it is binding only on parties, niot the outsider.
2) Yes, he can sue.
3)yes, third party can challenge.
