• Rights of married women

I have a doubt on below query

Please note we had a judgement in 2013 for our father property as equal share to my brothers and myself (I.e., 3 children) . Later in 2015, my second brother has submitted for FDP without my name. We were not aware on that and submitted separate FDP in 2017 with all three children names. As we got the FDP number, we have submitted the application to add my name in that FDP (submitted on 2015 ). Now, order is placed and my name is admitted in 2015 FDP. When we had been to file an application to club both 2015 and 2017 FDPs , judge is now asking me to take back the FDP submitted in 2017 which we have submitted separately. So, please advise me if I take back my FDP submitted in 2017 will not make me weak in the case or is there any option like clubbing both the FDP's.
Asked 6 years ago in Property Law
Religion: Hindu

2 answers received in 30 minutes.

Lawyers are available now to answer your questions.

12 Answers

Dear Client,

When by order of court, your name is added in the FDP 15, y worry, Its court order and its sanctity cannot be question and doubted.

Relax, There`s nothing like take back of FDP as it is already matter of record but withdraw that also under order of Court.

U Can withdraw it, by submitting that the by the order or by brother.on dated ...... your name is added in the FDP 15, so the purpose for submitting another FDP in 2017, is served, hence withdrawn with the request of liberty to re fill if needed /required in future.

Yogendra Singh Rajawat
Advocate, Jaipur
22714 Answers
31 Consultations

4.4 on 5.0

You can withdraw 2017 FDP as your name has been added in 2015 FDP

2) it would not weaken your case

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

if the hon'ble court order to add your name in final decree proceeding in 2015 there is no issue in withdrawing 2017 FDP, you can give a written application to the effect that since by order dated ___________ Hon'ble court has already added name in 2015 FDP pursuant to same order we are withdrawing our FDP.

this wont effect your case, no as court has already made you party in previous FDP of 2015 no clubbing is required and not permissible.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You may take back your FDP and file as a fresh to make you the party in the settlement deed

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Hi

Ideally your brother should have submitted Final Decree Proceedings(FDP) with your name and courts also should have taken cognizance of the Final Decree Proceedings only if the names of all the legal heirs are recorded in the said FDP.

Since you are now impleaded in the 2015 FDP proceedings initiated by your second brother, all you need to ensure that your rights are protected kindly ensure that your application is admitted under 2015 FDP proceedings and orders are passed thereof by the Judge.

Also since there cannot be multiplicity of FDP proceedings for the same cause of action, the judge is right in asking you to take back your FDP in 2017, but you should do so only after ensuring that your interests are protected in 2015 FDP proceedings.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

Hello,

I think you should not withdraw it now . If the judge take any steps you can file an appeal afterwards.

Hope this helps.

Regards

Swarupananda Neogi
Advocate, Kolkata
2965 Answers
6 Consultations

4.7 on 5.0

1. Your name has already been added in the FDP of 2015 as per court order.

2. Your withdrawal of FDP submitted in the year 2017 will not weaken your case in any way since your name has already been added in the FDP of 2015.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

Pray before the judge as if you take back 2017 FDP then you are weak, and also to pray simultaneously to place your name in 2015 if you wish to withdraw the latest one.

Judge would surely give you the reply.

As per the reply think about the situation by asking sometime to think over it if he says to withdraw only.

We can have some judgement also on it.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

Since you have been allowed to be impleaded as a party to the Final decree petition filed by your brother in the year 2015, your subsequent petition for the same purpose pending before the court becomes infructuous automatically, hence it would be better that you withdraw the same instead of allowing the court to dismiss the same becasue it has no meaning to fight with it as well.

Your purpose is not for fighting against his final decree petition but it is for partition and separate possession, so act judiciously.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

Hi,

This will not weaken your case and the same can be done in 2015 FDP itself.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Dear Madam,

Since your name is impleaded in earlier that is 2015 FDP, your interest will be protected and you will get your property as per decree. As 2017 FDP is repetition of 2015 FDP so judge asked you to withdraw the same. Your case do not become weak if 2017 FDP is withdrawn.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

Let him issue the letter in writing for the same with reasoning for taking it back. Don't follow oral instructions. If the said letter is illegal challenge it in court.

Prashant Nayak
Advocate, Mumbai
32148 Answers
185 Consultations

4.1 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer