can i challenge compromise decree?
Querist :
Anonymous
(Querist) 15 September 2011
This query is : Resolved
Dear Friends of the Forum,
In a case,My Father had compromised , through his GPA holder( Without his knowledge- Please believe me this a fact) in case in AP High Court in the year 1999. now both of them have died ( My father had died in 2009, the GPA holder died in 2003). The property has come to me through WILL from my father.And this is shocking to me. Is there any chance/ possibility to challenge this at this belated date. Please guide me.
I am Thankfull to you ALL, if you kindly show me a QUICK solution to this !
R.Ramachandran
(Expert) 15 September 2011
Please indicate the facts/nature of the compromise entered into by your father.
Please also indicate the grounds on which you would like to challenge the compromise.
Querist :
Anonymous
(Querist) 15 September 2011
Compromise is in between Inamdar and Tenant .
The grounds , i don't know that is what i wants to know from THE EXPERTS of this ELITE forum.
Ground: One thing is,the ground ( evidence) on which the tenant is fighting this case for last 35 years is questionable.
Probably the frustration (TIME consumed)lead to this COMPROMISE! Hence, if permisable i wants to get this case re opened .
Thanking you Sir.
R.Ramachandran
(Expert) 15 September 2011
If the parties to the case had compromised you cannot challenge the same. Any one of the parties to the compromise could have challenged in case the compromise was as a result of any fraud etc. But that does not seem to be the case here. Therefore, you will not be able to challenge the compromise entered into by your later father.
Guest
(Expert) 15 September 2011
I agree with ramachandran
ajay sethi
(Expert) 15 September 2011
you have stated that fight was going on for 35 years . in such a case compromise was a wise step . i agree with mr ramchandran that you wont be able to challenge the compromise decree
prabhakar singh
(Expert) 16 September 2011
UNLESS YOU ARE ABLE TO PROVE THE GPA ITSELF TO BE VOID YOU HAVE NO RIGHT TO CHALLENGE THE COMPROMISE ON ANY GROUND ON WHICH ANY CONTRACT CAN BE CHALLENGED,SUCH AS FRAUD,MISREPRESENTATION, COERCION, UNDUE INFLUENCE, ETC.
CIRCUMSTANCES SPEAK IN FAVOR OF COMPROMISE IN YOUR CASE AS POINTED OUT RIGHTLY BY Mr.SETHI AND THE SAME IS NOW BINDING ON YOU
AS SUGESTED BY Mr. RAMACHANDRAN.
Raj Kumar Makkad
(Expert) 16 September 2011
Unless you post here the real facts of the case derived out of written documents of the case, no expert can reach to the level of your requirement. It is better to first obtain entire copies of the litigation then take the service of any senior lawyer of your locality and consult your matter with him with copies of those documents otherwise we shall give our opinions on presuming this or that as is seen above.
Querist :
Anonymous
(Querist) 16 September 2011
Yes, Mr.Prabhakar Singh Ji & Mr. Raj Kumar . As you said this is a tricky issue.
It is a big story on back drop of this issue/case. Only thing i want to ask you is, If Tenant fought this case on falls tenancy ship ( I can prove this !); is there any chance of reopening of this case?
prabhakar singh
(Expert) 16 September 2011
As it is said nothing is impossible in this world,so it goes also true for your case too.
A decree obtained by fraud is a nullity and required to be ignored.
If you are confident about you ground,you can proceed.your action is not barred,only circumstances you stated earlier suggested me to speak that you have a weakest case but if you value the fact that is in your knowledge
which can prove the compromise fraud,you may go ahead.
Guest
(Expert) 16 September 2011
If you say, the tenant fought the case on false tenancy ship, where was the question of compromise and on what points compromise was made by your father?
Shastri J.K.
(Expert) 16 September 2011
I agree with mr.ramachandran.
girish shringi
(Expert) 17 September 2011
Blame the system,only.
Decide yourself what goes in your benefit compromise or further litigation.
You are the best judge on the ground zero.
And do accordingly.
Otherwise you next generation will also fight the same.
Chanchal Nag Chowdhury
(Expert) 18 September 2011
If U R not interested in the property, donate it to a charitable Trust & end your shock. Where is the problem?
Querist :
Anonymous
(Querist) 19 September 2011
Mr.Chanchal!
What do you mean by that. Why are so UNREST? If you are not interested in answering , nobody is forcing you to DO THAT.I HAVE NO PROBLEM!
