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Mohammed Altaf Uddin Khan (Student)     22 June 2013

Final decree

Suppose father have 2 wives and from first wife he has 3 sons and 5 daugthers

after the death of father both wifes sons and daughter are brought on record 

and from Second he has 2 Sons and 1 daughter

All are sucessors in the suit but if from first wife sons and daughters filled a suit in some land and he ask for open land which was submitted by recevier cum commissioner without making second wife sons and daughter party in his suit only goverment are party like CCLA, revenue division, recevier, mro have not make second wife sons and daughter party in his suit and asking only open land 

can second wife sons and daughter filled a implead petittion on that suit ?

if can what are the chances they reject the implead petittion 

another thing all properties are in cout coustdy since 1958

if they can't reject how much time it will take to get number of implead petittion and order in High Court Of Andhra Pradesh ?

or can receiver have right to reject the implead petittion cuz we heard from everyone that receiver is taking bribe from parties 

and i want to know what are the right's of receiver cum commissioner, in our preliminary decree all party agreed that appoint receiver cum commissioner with the powers set out 

if some illegal persons have occupied some extent of land, Does Receiver is responsible to vacate that or if we filled the final decree then he will take 2% of the value of extent share then vacate 

receiver cum commissioner have filled a report in high court of Andhra Pradesh about released land that are occupied some extent and open some extent of land after that some person have occupied open land which is shown in the receiver report now if we are trying to applied the open land do we have to pay 2% to receiver ?


 2 Replies

Hemang (Advocate)     22 June 2013

File a petition requesting the Court to implead the other legal heirs. Otherwise, an objection may be taken in future that the issues, or matter was decided in the absence of proper and necessary party. The Commission has wider power to get the land vacated subject to his obtaining the order from the court. 

Rajeev Kumar (Lawyer/Advocate)     22 June 2013

Agree with Hemang views

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