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scope of execution proceedins in partition suit..

employee

 

 

 In our Muslim partition suit, Preliminary decree dated 1970, Our grandmother was entitle for 1/17 share as per decree.

As in our decree schedule there are two type of properties

1) Town properties 2)Revenue Properties ,

hence pending final decree proceedings were divided into two parts and the final decree proceedings is still pending from 1985.

For the 1st part, that is for town properties, a muncipal commissioner was appointed and the town properties were divided as per decree in the year 1995 and based on the order some people filed RFA in the high court and the appeals were dismissed the court upheld the order of lower court order, the second part of final decree proceedings for revenue land division  is still pending and adjourned for next month.

And also for the 1st part of decree that is for town properties, Execution proceedings is pending  from the year 1995.

As our grandmother has got some 3 properties in the town properties allotment as per decree,

The town properties are still in joint khata of her legal heirs that is 1) 1st daughter 2) 2nd daughter  and 3) children of predeceased son of our grandmother.

As our grand mother has 3 children, 2 daughters who survived her and a predeceased son with 2 children one son and 1 daughter.

 

My question :- Since  the execution proceedings for part of same final decree proceedings for town properties is still pending,

1) Can we file an Intelocutary Application now in the pending execution proceedings, to delete the the names of predeceased son children from Khata of the already alloted  town properties in 1995 as they are not entitle for any share in our grand mothers property as per Mohameddan law, Since the Khata of Town properties is in the name of 2 daughters and predeeased son children, we want the khata to be changed in the name of only 2 daughters by deleting the names of predeceased son children by the order of court.

2) Since it is a Partition suit  which is pending till it is completed,and we are not going against final order of court with respect to share town properties ,

it is only the question of deletion of names of Legal heirs who also wrongly representing in one branch along with other heirs, as we are not going against decree. it is only based on point of law

3) Can this be done in Execution proceedings.

 
 
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Untill final decree is pass there cannot be deletion of any name though they may not be given any share in decree. Executing court can not entertain such interim application, as  such application is not provided in law.After final decree is passed and it is executed then the names of decreeholders will be recorded in property card and the names deceased persons will be deleted, provided information about death is reported to court.

 
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properties seperated by way of registered partition deed in the year 1958. in the year 1988 out of the three brothers one brother filed a suit for partition of property which was already partitioned property in 1958 claiming that , suit property was kept  nominally in the name of  the defendant and that the property has to be repartitioned.

whether already partioned property by way of registerd partioned deed can be re-partitioned after nearly 30 years. suggest some S.C judgements in favour of defendant.

 
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