Final decree proceedings
Sanjeevappa. L
(Querist) 28 January 2011
This query is : Resolved
Original suit for partition has been decreed in the year 2004. now the final decree proceeding is pending. In the decree has been passed allotting 1/4th share to the plaintiff. Now in FDP the sons of predeceased daughters (sisters of the plaintiff) have filed an application for implead them as parties and they are seeking 1/7th share each for their mothers who were died about 7-8 years earlier. The sister of the plaintiff have not been impleaded in the original suit. Can the impleading applicats are entitled to 1/7th share ? can they are necessary parties in the Final decree proceedings? This case is pending in Karnataka State.
Devajyoti Barman
(Expert) 28 January 2011
The persons sought to implead as parties to lay their clam of share can not do so in the final decree proceeding unless they pray for setting aside of the preliminary decree first.
Sanjeevappa. L
(Querist) 28 January 2011
can a legal heir of a female who died prior to the amendment of section 6 of Hindu Succession Act, 1956 seek share on behalf of her mother. In order words does the amendment to section 6 is retrospective or prospective.
Advocate Bhartesh goyal
(Expert) 28 January 2011
In final decree proceedings,a claiment who has not been a party in preliminary decree proceedings can not be impleaded as a party. he has to go For setting aside the preliminary decree first.
s.subramanian
(Expert) 29 January 2011
The amendment is prospective and applies to the succession that has opened on or after 24.12.2004. Hence they are unnecessary parties and need not be impleaded.
