Legal Question in Real Estate Law in India
compromise application of my mother,brother and myself was taken on record & partition decree was passed by delhi high court in feb.1989 in terms of the settlement of our house. One clause of the settlement states that the parties will also apply to the L.D.O.office for getting mutation done and the ground
rent will be proportionately 1/3rd each. The L.D.O. does not partition the house by metes and bound. Our water meters & electricity are seperate
and partition walls were raised as per the decree.I live in my portion.
Since L.D.O. does not mutate the property by metes and bounds what is the validity of our partition decree.I am asking this question to know
whether sisters(sisters had relinqueshsed their rights and gave no objection to the said partition) can reopen the partition being H.U.F.because its not mutated in L.D.O. records by metes and bounds though otherwise its mutated in three joint lessee names me ,my brother and mother in L.D.O.records. As far as I think L.D.O. will not be concerned with our partition. Sisters had engaged a lawyer and gave a written statement that they have no objection to the partition and
have already relinqueshed their shares in the suit property but with the written statement affidavit was not filed with written statement.If affidavit was not filled by sisters with written statement filed in high court, can they reopen the partition decree.
1 Answer from Attorneys
15.02.2014
Dear Sir,
Once a partition decree has been passed by the Court, your sisters cannot challenge the Court order.
Regards,