• Final decree proceed

I have PDP case in Bijapur District Karnataka state According to the PDP the Ancestors property was divided in to four parts. I.e class I heirs are getting 5/16 each heir and my maternal aunt has 1/16.
Since my father and my younger uncle was expired and their shares were given their sons in the PDP.
Presently my elder uncle was also expired after the PDP . Now one of the party has filed application for FDP and notices were issue since I am also party in the case whether I can file objections and request the court for share my elder uncle share to all the parties.
Please advise.
Srikanth
Asked 7 years ago in Family Law
Religion: Hindu

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6 Answers

1. If before the drawing up of final decree any of the co-sharers dies then his legal heirs/representatives can file application to get added party to the suit.

2. So On death of your uncle his widow, children if any can apply to be added as parties.

3. if your uncle have died without any legal heirs then his sahre would be divided among his brother and sisters and hence a petition is to be filed to modify the preliminary decree on that line.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Since you are a party to the suit you can certainly file your objections to the application for FDP. As a defendant you have every right to object the application.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

if your elder uncle is survived by his wife and children they would inherit uncle share in property

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

You can file your objections on demise of uncle as it is joint family property

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

Now one of the party has filed application for FDP and notices were issue since I am also party in the case whether I can file objections and request the court for share my elder uncle share to all the parties.

As the court has already passed preliminary decree in the partition suit and the final decree petition has been filed, the case may move in that direction only.

If there are legal heirs to the deceased elder uncle then his share shall be allotted to his legal heirs/successors in interests, provided they file a application to get themselves impleaded as necessary parties to the suit as legal representatives to the deceased elder uncle.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

If your elder uncle died intestate and is reported to have not been survived by any class I legal heirs then his share in the property shall automatically vest in the class II surviving legal heirs.

Thus even if you object, your objection may not sustain neither your claim for a share in his property shall be maintainable.

Hence you may better weigh the options and then venture into this arena. which may click or fail to fetch the desired result.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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