Partiion suit decree when it is resisted

Querist : Anonymous (Querist) 09 October 2010 This query is : Resolved

Sir,

I filed a partition suit in the lower court and my sister got the entire property under the illegal will and got in her favour. I challenged in the High Court and my appeal was allowed by declaring the will in question is false. Now I am holding the decree for 2/3rd share in the property.

My sister is illegally possessing now also the entire property. As a decree holder and on the basis of High Court preliminary decree and I have been directed to approach trial court for Final Decree. I filed for final proceedings in the trial court, can I be able to claim my 2/3rd share in the property and also mesne profits from the date of filing of the partition suit till the final decree passed by the lower court.

Is there any chances of stalling/resisting the proceedings for final decree by my sister who has been allotted 1/3rd share in the property and to pay mesne profits to me. Can my sister stall the proceedings of the Final decree ? What are the options can I exercise under the constitution for restoration of my mother's property. Can my sister resist the execution of decree.

Kindly suggest how can I proceed in the court and under what sections.

Thanking you,

Yours faithfully,

M.S.N.

Follow Query

Report Abuse

Adv Archana Deshmukh (Expert) 09 October 2010
When the decree is in your favour, you'll get your 2/3rd share. You must have also prayed for possession, so when the final decree is passed and still if your sister does not comply with it, you apply for execution of the decree. The executing court shall give you the possession and mense profit as per the decree.

M/s. Y-not legal services (Expert) 09 October 2010
Yes. My sister archana is correct. I agree with her

ESTHERPRIYA (Expert) 09 October 2010
Surely she will resist to handover the possession.
You need to file EP and get the possession through court and for which you need to approach a lawyer he will help till you get possession of your share.