Application for final decree after preliminary decree

m.satyanarayana (Querist) 25 May 2026 This query is : Resolved
Plaintiff filed application for final decree and metes and bound. Property is owned by plaintiff ymother and defendant is daughter( sister to plaintiff) . Rights have been declared by preliminary decree . Plaintiff is entitle to 1/3rd share, Plaintiff father 1/3rd share and Defendant is entitle for 1/3rd share. Meanwhile Defendant son filed forged Gift Deed impleading himself in the partition suit claiming the property of his father as donor with forged documents. My sister son is not necessary party to the partition suit. Can impleadment petition will be allowed and if allowed how can it decide the title of suit property after after declaration of shares in preliminary decree.

Please kindly advise what will be result of my preliminary decree when it has attained finality after Supreme Court confirming my preliminary decree.

M.Satyanarayana

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Quick Summary

A preliminary decree in a partition suit declares shares but the case remains open until a final decree divides the property. An impleadment petition by a third party claiming rights through a gift deed can be filed while the suit is pending. The court will consider if the gift deed predates the suit and if the third party was unaware of the proceedings. If allowed, the court may reopen the case, hear the new party, and potentially amend the preliminary decree to protect their interests.

kavksatyanarayana (Expert) 25 May 2026
Just answered. A repeated query.

T. Kalaiselvan, Advocate (Expert) 27 May 2026
In a partition suit, the litigation is not fully over just because a preliminary decree has been passed. Legally, the suit remains pending until the final decree (which actually divides the property by metes and bounds) is signed. As the suit is literally pending an aimpleadment petition under order 1 rule 10 is very well maintainable. The person does not necessarily have to resort to an appeal right away. However, whether the judge will actually allow the impleadment depends entirely on when and how this person got their gift deed. If this third party received the property via a gift deed before the partition suit even started, they are considered a necessary or proper party and If they were completely unaware of the lawsuit and their rights are being partitioned away behind their back, the court will likely allow the impleadment. If allowed, the court may choose to reopen the matter, hear their defense, and if necessary, alter the preliminary decree or pass a supplementary/amended preliminary decree to protect their rights.
The answer is repeated to the repeated question.

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