Legal Question in Civil Litigation in India
Hidu Succession(amendment)Act 2005
Suit for partition was partly decreed. The said decree was questioned in appeal. Matter was compromised between appellants and 2 respondents compromise was recorded and appeal against those 2 respondents was orderd. Thereafter the appeal was dismissed as withdrawn in Sept. 2004 and Appellants alienated their share of land to third parties in Sept., 2004. Whether this alieanation can be challenged by a daughter(married in 1973) in a suit for partition.
3 Answers from Attorneys
Re: Hidu Succession(amendment)Act 2005
yes if she was not a party to the suit.
Re: Hidu Succession(amendment)Act 2005
Even if the decree might have become final, the same may still be challenged by a person who was not a party to the proceedings.
Re: Hidu Succession(amendment)Act 2005
Yes, provided she was not a party to the suit which was subsequently compromised.
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