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Preliminary decree barred from execution under limitation


29-May-2023 (In Civil Law)
Prelimnry decree ordrd in 1951 of division of share and possession but not final now in the 2017 filed for final degree by heir can it be barred in limitation as we are in pose soon of the suit land since 60years can u please suggest remedy on civil provisions
Answers (2)

Answer #1
677 votes
Dear Client, Particulars are insufficient. All decrees including preliminary decree or final decree have only 12 years duration. Decree in query relates to partition suit. Hence, the legal heirs may file a fresh suit for partition and get the property partitioned on the basis of their inheritance of their respective shares.
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Advocate Sistla Rama Krishna

Adv. Sistla Rama Krishna

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Answer #2
783 votes
you can file fresh suit for declaration of the property but there will be some rigidness in numbering and objections under section 10 and 11 need to over come over such technicalities basing on facts only
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Advocate Innamuri Balasubramanyam

Adv. Innamuri Balasubramanyam

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