Legal Question in Real Estate Law in India
What can happen after Judgement?
Dear Sir, I applied for a Decree of property on my name through my father's Registered WILL in fovour of me, with my mother (Making Party) in Lok Adalat. On the date given by Lok Adalat my brother applied that this WILL is not legal through his lawyer. The Judge of Lok Adalat refer this case to Civil Court of First class Megistrate after 2-3 dates. We got another date from Civil Court. On that date me and my mother went to court but not my brother and nor his lawyer appear in the court. The Judge through his Reader took signed on some documents from my mother and me and allow for a Decree in the open court. After some days my advocate gave me that Decree and advised me to Registered it. I did so with two wittness. My brother and his lawyer don't know ( i think) about this. But after 4-5 month later my brother came to know about this. (1) Now what can my brother along with his lawyer can do against me. (2) Can any action be taken against Reader or Judge as my brother's lawyer announced? (3)Can they cancelled this Decree in another court? (4) Can the same Judge who ordered 4-5 months ago now cancelled it? (5) Can my brother file any other case againsts me as he warned?
4 Answers from Attorneys
Re: What can happen after Judgement?
Your brother may file an appeal before the higher court and challenge the judgement & decree of the lower court. In case you receive any summons from the higher court, you will have to contest it.
Re: What can happen after Judgement?
Your brother may approach the court for setting aside of the 'ex parte decree'.
The same court may set aside the decree and post the case for further proceedings.
Re: What can happen after Judgement?
Your father may apply to the higher court forsetting aside the same.
Re: What can happen after Judgement?
1. What anybody can do be best left to them.
2. Depends on nature of action.
3. A Decree in certain circumstances can be challenged.
4. Same Judge can use powers of Review. However, they are very limited powers and pertain to errors apparent in the decree.
5. Same as Sr.No.1.
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