Partition suit after preliminary decree
Querist :
Anonymous
(Querist) 12 August 2020
This query is : Resolved
Sir(s)
I got preliminary decree in the year 2010 in a partition suit and filed an application for final decree for metes and bound as per the preliminary decree. From the time of preliminary decree till date my decree remained on paper only without any change in the preliminary in spite of litigations. .I want to know what is the limitation period for a preliminary decree in partition suit for claiming my property in the partition suit. Whether my preliminary decree becomes null or I can apply for final decree proceedings in the court. Further can I sell my share allotted in the preliminary decree at this stage,Please let me know how can I proceed.
I would be grateful if obliged . Thanking you
M.Satyanarayana
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Rajendra K Goyal
(Expert) 12 August 2020
You have not mentioned the reason for delay / non-execution of the decree.
If the reason is pending of some proceedings, what are the proceedings?
What are the interim orders, what are the relief sought, at what stage and in which court the proceedings are pending, who are the parties?
Your lawyer is the proper person who is aware of full facts, discuss with him.
SHIRISH PAWAR, 7738990900
(Expert) 12 August 2020
Hello,
As per your query your suit is decided and final decree is issued. So now you have to file execution application as per final judgement and decree. You can file execution application and sell the property as per judgement and decree.
K Rajasekharan
(Expert) 12 August 2020
When a preliminary decree for partition - which crystallizes the rights of parties - remains to be acted upon, there is no period of limitation runs till the actual partition is worked out in the final decree.
In a suit for partition, after the passing of a preliminary decree it is the duty of the court to pass a final decree. In fact, what we call as an application for final decree is nothing but a reminder to the court to do its duty.
No rule provides for the filing of an application by the party for passing a final decree. The suit continues till the final decree is passed. Therefore the court adjourns the case sine die.
In short, there is no limitation period after the passing of the preliminary decree till it culminates in the final decree.
P. Venu
(Expert) 12 August 2020
May be there is no delay; but why the delay in filing the final decree application? The posting also mentions other litigation which suggest there are deeper issues. Please post complete facts.
niranjan
(Expert) 12 August 2020
I agree with Raj sir.since you have already filed application for final decree, insist court to pass final decree or apply for appoint of commissioner for partition by metes and bounds. so on that report court can pass final decree. this step you are lacking.
Dr J C Vashista
(Expert) 13 August 2020
I endorse and appreciate expert opinion and advise of Mr. K Rajashekharan.
You have nothing to do with passing of final decree, which is responsibility of the Court which has passed preliminary decree, except to move an application as a soft reminder.
No time limit exist for passing final decree.
Rajendra K Goyal
(Expert) 13 August 2020
No further opinion in absence of required / asked information.
