Application for final decree after preliminary decree

Querist : Anonymous (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 (defendant husband) 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.
Thank you

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Quick Summary

This discussion addresses an application for a final decree in a partition suit after a preliminary decree has been established. A key issue is the impleadment of the defendant's son, who claims a share via a forged gift deed. While impleadment is generally permissible until a final decree is passed, the court's decision will depend on when the gift deed was obtained and the son's awareness of the suit. If allowed, the court may reopen the case to protect the son's rights, potentially altering the preliminary decree.

kavksatyanarayana (Expert) 25 May 2026
An impleader petition is often necessary in a partition suit because a partition impacts the rights of everyone holding a share in the property; failing to implead all co-sharers or legal heirs can lead to the dismissal of the suit.

Dr. J C Vashista (Expert) 26 May 2026
Since the partition is stated to have been decided by virtue of preliminary decree, the impleader can not be entertained at the time of passing final decree despite the fact that son of defendant is holding a gift deed.
He (son of defendant) must have filed his claim application before passing preliminary decree.

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.

Dr. J C Vashista (Expert) 29 May 2026
It would be better if you may consult a local prudent lawyer for analyses of facts/ documents, proper advise and necessary proceeding.

adv. rajeev ( rajoo ) (Expert) 29 May 2026
There is no other way to defendant son except challenging the decree by filing a suit. In the FDP proceedings he cannot do anything

P. Venu (Expert) 18 June 2026
Are you the plaintiff? Is it that the property belonged to your mother who is no more?
What is the necessity of filing the suit if you, your father and your sister are the only legal heirs?

What do you mean by "Meanwhile Defendant son filed forged Gift Deed impleading himself in the partition suit claiming the property of his father (defendant husband) as donor with forged documents."

If the property belonged to your demised mother how could your brother-in-law execute a gift deed.

The facts posted are too disjointed and lacks clarity.
Please repost all the material facts in simple language.

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