The property was my grandfather's ancestoral property .my grand father has 3daughters &he was died without making a willdeed & my grand mother was alive &my mother's both elder sisters married one man &they were settled at my grand mother's house & whole property that is 12acrs of land in their possession (my mother's sisters possession) .in 2002 my mother filed a partion suit for equal sharing of property but at last in 2009 my mother with drawn her suit with compromise .on that comprising time my mother's sister gave 1acr of land to my mother as sale deed &up to 2013 the 1 acr land which was given to my mother as sale deed was in their possession in 2013 my father & my brother went there to sale that 1 acr land which was given to my mom as sale deed by their sister .my mom's sisters &theirs sons killed both my father &brother it was also proved in the criminal court .so I lost my father & brother So I want reopen the partion suit which was compromised by mom which was also unjust to me &my mother plz gide me Plz any one help me to get justice to me
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Once sale deed is executed duly stamped and registered your mother is absolute owner of property
2) compromise deed is binding upon parties
3) if your father and brother killed by sister and her sons they would have to suffer consequences of their action and would be sentenced to imprisonment
4) your mother can take proceedings of contempt of court if possession of land wa snot delivered
5) partition deed would not be reopened by court
The partition suit was withdrawn due to the compromise but this unfortunate incident has happened. Therefore file a case against them for partition citing changed circumstances. Also the compromise has not been honoured and hence you can go again to the civil court.
Regards
If said dispute settled out of the court without MOU or Agreement then your mother can restore the same case.if case has been compromised in court then it may be not possible to reopen or restore same case.
Your mother can file an application before court restore the petition on ground that the compromise was done on false ground by coercion and further father and brother were murdered by them the court has power to restore same and set aside decree passed based on coercion.
You can challenge the same with different suit.
When my mother made a compromise the court recorded it taken a thumb impression but didn't mention about what settlement made for compromising the suit
See as the suit was withdrawn as settled then there may be chance court has not recorded the settlment now you can contest of said issue to set aside settlment .
Yea that is the reason you should contest the compromise as your mother was not educated and therefore didn't know the implications of the compromise agreement.
Regards
You need to challenge the said suit in appeallte court but limitation may hit you. Need to condone the delay if you want to challenge the earlier suit.
You should consult with an advocate with compromise statement copy.
Once compromise is recorded in partition suit it is binding upon parties
after lapse of 9 years chances of court settling aside compromise are bleak
1. Was a consent decree passed by the court in 2009 wherein it was recorded that your mother will be given 1 acre of land? If the answer is in affirmative, and the said 1 acre of land was not sold to your mother then the remedy in her hands is to file execution petition to execute the decree passed by the civil court.
2. A fresh suit for partition will not be maintainable.
3. Consult a lawyer with the complete file of the suit which you say was withdrawn by your mother.
If your mother had compromised and withdrawn the suit, it is to be known that whether the compromise agreement was acted upon by the authorities, if not then you can reopen the suit for partition on the same basis.
If your mother's sisters have given away the property by executing sale deed on her name, then actually speaking your mother did not get her share as per law instead she purchased the property which cannot be considered as compromise decree and theshare thereon.
Without seeing the relevant papers, more proper opinion cannot be rendered hence i is advisable that you consult with your advocate once again on the same lines and proceed if recommended to file a partition suit as proposed by you.
Without seeing the actual recitals in the compromise agreement, no concrete opinion can be rendered.
You may better consult your local advocate or any other advocate in the local and get an information or opinion in person.