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VENKATESH   13 October 2023

Collusion of co-parcener with thrid party

Ours is a joint family and our partition suit is pending for hearing,  in the meantime one of the co-parcener taking advantage of a property which is registered in his alone name,  colluded with some third party filed a suit for recovery of money, the suit is compromised by the third party and co-parcener and court has passed decree accordingly, here co-parcener is a judgment debtor and 3rd party is decree holder, based on the compromise decree, the decree holder has filed an execution suit before the court, the judgment debtor has handed over property which is part and parcel of the HUF Property and mentioned in our Partition suit, and possession of such property is with me. Now executive court has passed order in favour of decreeholder to registere in the name of Decreeholder and deliver the possession of property to the Decree holder, I have all the documents to prove my possession of the property which is in my possession before division of the family, Hence in the above circumstances, I would like to know from the Experts, what are the options amiable for me to restore my possession till final outcome of the partition suit. Thanks in advance for your valuable time and advise.



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 2 Replies

P. Venu (Advocate)     13 October 2023

Having knowledge of the proceedings, the other jointholders could have got impleaded in the matter at least at the execution stage. Any specific suggestion, at this stage, requires that the documents be perused and discussed. 

You may contact a local lawyer and seek his guidance.

Dr. J C Vashista (Advocate )     14 October 2023

Show relevant records to a local prudent lawyer for appreciation of facts, professional advise and necessary proceeding.


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