Property issue

preeti (Querist) 03 July 2013 This query is : Resolved
respected wise people

my uncle had 1 son and three daughters. he had 60 acre of land which was ancestral he died leaving 1 son and daughters
three daughters file a case on son for partition. its already 4 years passed still case is under process

son is now agreed to give 27 acres to all mean 9 acre for each daughters

but the issue is that one daughter is agreed and other two are willing to fight more.

can the one daughter take her share and with draw the case from her side as she needs money so she cant fight any more

what can be done.?

if we talk to other two daughter and son and say that , give cousin sister her 9 acre and the two sister and brother let them fight.? can my cousin can with draw case on her own .i mean to remove name from case that she has agreed to compramise. if all are ready to give her share of 9 acre

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Devajyoti Barman (Expert) 03 July 2013
Is it a practical problem or academic query?

Raj Kumar Makkad (Expert) 03 July 2013
First of all you have not mentioned whether the family is governed by Hindu law or not and second question is the date of death of your uncle. Third question is whether your aunt and your grand-mother are alive or not?

I presume the family is Hindu, your uncle died prior to 2005 and your aunt and grand-mother predeceased to your uncle.

If all 4 presumptions raised by me above are true then the daughters have only 1/12 share each and thus your cousin need not afraid. He has share of 45 acres and his sisters shall get 5 acres each.

preeti (Querist) 04 July 2013
the problem is practical and the issue is that can she withdraw from case by her side and get her share on compramise bases by all LR`s
we are hindu uncle died in 2004. and aunt already died in 2001.

my cousin is not willing to fight case anymore. she needs her share whatever given by opponent (her brother)

preeti (Querist) 04 July 2013
plz reply

what is the process to withdraw from case

Guest (Expert) 04 July 2013
Prefer an application for withdrawal and at the same time if the brother and your sister agree, they both can execute and enter into compromise deed elaborating the terms of compromise and which could be filed before the court on the basis of which the court will pass a compromise decree. The compromise decree shall confirm the right and share of your sister.

Devajyoti Barman (Expert) 06 July 2013
The suit can be withdrawn by the plaintiff at any point of time under 23 Rule 1 cpc.

preeti (Querist) 08 July 2013
but the problem is that the other sister wants to fight against the brother.

brother has agreed to give 9 acre each, which is accepted by my cousin but her two other sister dont wants a compramise and willing to carry case for long.

in that case can she withdraw and take her share of 9 acre.

cousin`s two sisters are saying that they have no objection if she withdraw from case , and brother is also agreed to give 9 acre.

the other two sisters still wants bigger share so they want to fight

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