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.
Reopening of partition suit which was disposed on the ground compromised as withdrawn
My mother's father was died in her childhood &her mother is alive my mother has two elder sister which both was married to one man & settled in my grandmother's house & 12acrs of land was in their (my mother's sisters) name as a gift deed but they don't have brothers .they had 12acrs of ancestors property . in 2002 my mother filed a partion suit & in 2009 she withdrawn her suit as compromised & for compromising they distributed 1acr land as a sale deed from that 12acrs land which was my mother's sisters possession .up to 2013 the said land 1acr was in their possession (in 2013 my mother were also filed a perpetual injunction for that 1 acr land which was made as a sale deed) in the meal while they killed my father as well as my brother( which was also proved in a court & convicted in 2013 ) when my parents entered into contract to sale that 1 acr of land to third party . My mother was uneducated & when my mother compromised her suit I was a minor So please help me in getting justice to me I lost both my father as well as my brother which was unjust to me and also to my mom Plz give me a best advice & also help me in getting success in getting equal partition
Asked 5 years ago in Property Law
Religion: Hindu
11 Answers
I want reopen the suit for getting equal share to my mom
Asked 5 years ago
See if the terms of compromise was not honored and further the compromise was not acted upon then mother plaintiff and party to compromise can file application to restore the suit in case the 1 Acer land sale deed is made in your favour as per compromise then it shall be not possible to restore further you shall have no locus in suit
You have stated that gift deed was executed in mother sisters name
2) who executed gift deed ?
3) was it stamped and registered?
4) did your mother take legal proceedings to set aside gift deed . Kindly clarify
I think you have asked this question before. The answer is the same. You can open the partition suit and as they have been convicted you should state in county that your mother was duped into signing the compromise agreement and you were a minor. Therefore the partition should be done as per the law.
Regards
I have replied the same in another question.
rules for reopening claims after a settlement will depend on state law and the specific terms of your agreement. So you should consult with an advocate.
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. You have no share in the property during the lifetime of your mother.
4. Consult a lawyer with the complete file of the suit which you say was withdrawn by your mother.
Was the suit withdrawn or compromised?
How can both be possible ?
If suit was compromised and compromise decree was acted upon then now it cannot be challenged
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.
You may better discuss with your advocate and proceed on the basis of suggestions received.
contact a local lawyer
2) give him photocopies of all relevant documents
3) then based on legal advice take proceedings for setting aside compromise decree