Good morning to all my great grandfather had several houses, farm land and a shop after their death the properties were transferred to his son that is my grandfather.as he was a drunkard trying to sell the properties on his will, an affidavit was made in order to secure the properties saying that taking some movable property ( furniture etc) my right in the property will no longer exists and his wife that is my grandmother was made the guardian for her 2 minor son's only leaving her 3 daughters among them one of the daughter is my mother. In the meantime my grandfather passed away in 70's and all of them got married . Case was filed in court for partition by daughters. The court decided that the daughter's have only rights in father's property as there father took some movable property before as mentioned in affidavit they have no rights in ancestral suit scheduled properties . This was further filed in high court by daughters were they got stay in first hearing. As all the three daughters are uneducated one of the son forced the sisters for compromise and they got compromised in court for negligible property which is not mentioned clearly. Actually the affidavit which was made by my grandfather was signed by 3 or 4 lawyer's at that time that's all how can it be valid and the purpose was only to save the property . Weather this case can be reopened in order to give justice to the daughter's is the big question please give ur opinion. Thanks
Consent terms signed by daughters would be binding upon them
2)!court at time of passing consent decree insists on presence of parties and questions them whether consent terms were signed by them out of their own free will
3) case would not be re opened
Yes sir but what about there rights in ancestral property which is not justified correctly.
Need to know on which date the compromise had happened. If the time limit permits then can reopen the case otherwise not.
If you were aggrieved by court order regarding ancestral property file appeal against said order
If the compromise was a fake one ie obtained through fraud tgen definitely you have a case. But you'll have to explain the delay in filing the suit.
The daughters had a share in their father's property but that wasn't well defined so you should find out about the property and then divide it and look as to how much share sisters should get. If it is significant then file a suit.
1. See if case was withdrawn as settled and daughters consented for settlement it cannot be reopened now after a compromise they cannot withdraw their consent that they have not done this compromise or were forced to do so, they could have raised the issue at that particular time.
The compromise signed by the daughters and a compromise decree drawn by court clearly and legally indicates that daughters were rendered with the justice.
Hence this compromise decree, until and unless the fraudulent motive or act in getting this decree is established by producing substantial documentary evidences, neither this case be reopened nor an appeal would be entertained by court.
Without seeing the property documents or court case papers, no advice can be suggested to your interpretation of law or your understanding in this case.
File a notice of motion in the disposed of suit for restoring the suit to file of the Court
Yes in this case the daughter will have right in the said property if the same is not legally partitioned before 2005
Can you Please discuss the operative orders of all courts till last disposals of the case.
This would help me to decide what kind of action you may take now.
Definitely I would guide and advice you.
1. IF Property/s were duly partitioned and accepted by legal heirs (including Father), THEN children of Father have claim ONLY on Father properties and not on other person/s partitioned properties.
2. IF above was not done and IF there was no WILL executed by Grand Father, THEN "ALL" his residual legal heirs would have EQUAL stake in grandfather's property/s irrespective of any subsequent arrangement or settlement.
3. Legally IF a compromise deed was mutually filed & accepted in court by any legal heir, THEN it is final & irrefutable, and now raising any legal dispute on such deed, would amount to abuse of process of law.
- Since, the matter was already compromised before the court by the parties , then reopened the same on the ground that the sisters were uneducated is not sufficient in order to give justice to the daughters.
- The affidavits prepared by the lawyers, would be mentioned that the contents of the application of compromised has read over the parties , and dully understand by them.
- The question of rights in the ancestral property already has been ceased by the sisters at the time of compromised agreement.
- However, the sisters should move an application before the said court for restoring the suit in the interest of justice , and if the application rejected , then fie an Appeal before the higher court against the order of rejection.
Yes case cannot be reopened but new one can be filed.
Affidavit was not valid but daughter made a compromise in appeal, so case attained finality. No case made out now.
Possibility to file fresh case can be opine from the compromise order whether the compromise is valid or not and as per succession act.
if 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.
We suggest you should consult a local lawyer who can examine facts of the case based on the documents and facts.
1. A case which is compromised by consent of both parties cannot be reopened.
2. Children of daughters can file suit for partition to claim their share from ancestral properties but chances of winning this case are also negligible because of compromise done by their mothers.
