Property law ( hindu law)
vinay khanna
(Querist) 18 February 2014
This query is : Resolved
Compromise application of my mother,brother and myself was taken on record & partition decree was passed by delhi high court in feb.1989 in terms of
the settlement of our lease hold land house. One clause of the settlement states that the parties will also apply to the L.D.O.office for getting mutation done and
the ground rent will be proportionately 1/3rd each.L.D.O.was not made party to the partition suit. The L.D.O. does not partition the house by metes and bound.
Our water meters & electricity are seperate and partition walls were raised as per the decree.I live in my portion and also receive rents of my one floor I have let
out.Since L.D.O. does not mutate the property by metes and bounds what is the validity of our partition decree.I am asking this question to know whether
(sisters had relinqueshsed their rights and gave no objection to the said partition) can reopen the partition being H.U.F.because its not mutated in L.D.O.
records by metes and bounds though otherwise its mutated in three joint lessee names me ,my brother and mother in L.D.O.records. Sisters had engaged a
lawyer and their lawyer gave(without oath) a written statement that they have no objection to the partition and have already relinqueshed their shares in the suit
property but affidavit was not filed with written statement.If affidavit was not filled by sisters with written statement filed in high court, can they reopen the partition
decree. I would like to know 1.What is without oath and does it matter if its without oath. 2. whether sisters(sisters had relinqueshsed their rights and gave no
objection to the said partition) can reopen the partition because L.D.O. does not mutate by metes and bound or can L.D.O. reopen our partition since L.D.O. was
not party to the partition suit or can sisters give application to L.D.O. to reopen our partition because its not partioned by them by metes and bound.I have no
need to apply to L.D.O. for partitoning our house by metes and bound.Nominal ground rent can be paid by me or mother or brother or proportionately jointly.
ajay sethi
(Expert) 19 February 2014
1)partition decree is binding upon the parties . merely becuase partition has not been made by metes and bouns would not be a ground for setting aisde decree . in LDo records name s of all 3 parties are shown as joint lesses
2) as far as written statement is concerned it always contain a verification clause . the sisters have to verify the WS before associate high court or before notary public . so your contention that WS was not made on oath is misconceived .
3) generally for relinquishement of interest by sisters relinquishement deed is necessary . it has to be duly stamped and registered . if however sister s have signed consent terms wherein they have relinquished their interest it would be binding upon the soisters
4) it is necessary to go through the consent terms , WS filed in court and other documents to give aconclusive opinion
Rajendra K Goyal
(Expert) 19 February 2014
Court order is valid and sisters can not claim at this stage.
Contact a local lawyer, show him all the case papers and on the basis of papers get the guidance to get the mutation entered as per court decision.
Dr J C Vashista
(Expert) 19 February 2014
a) Since the compromise deed has already been taken on record and sisters have relinquished their share, it is absolute and final and the case cannot be reopened for the purpose of partition,which was compromised in Delhi High Court in the year 1989.
b) I agree with the expert opinion of Sh. Rajedra K Goyal.
c) L&DO cannot be impleaded as a party to the partition suit,however, apply for mutation, if declined file an appeal against his/her (L&DO)order.
T. Kalaiselvan, Advocate
(Expert) 20 February 2014
I agree with the opinion of Mr. Ajay Sethi in this regard. Once the sisters have already relinquished their rights and executed a release deed to this effect, they cannot reopen the issue for a fresh partition. If they have filed their written statements expressing their no objection, it is enough. Merely because the partition was not made as per metes and bounds, this will not be a ground for setting aside the decree. Therefore there are no reasons and grounds for reopening and repartitioning. The existing partition decree is binding on all parties.
