CAN CONSENT DECREE BE REVERSED AFTER 29 YEARS IN CASE OF MISREPRESENTN
17-Jun-2023 (In Property Law)
A FAMILY SATTLEMENT DECREE WAS MADE IN 1988. MY FATHER WAS PASSED AWAY. WE WERE 2 BROTHERS AND 4 SISTERS AND MY MOTHER WAS ALIVE THAT TIME. AT THE TIME OF DECREE IN COURT, MY YOUNGER SISTER COULD NOT AVAILABLE AND SOME OTHER LADY WAS PRESENTED IN PLACE OF HER. NOW AFTER ALMOST 29 YEARS LATER MY SISTER PUT A SUIT FOR DECLARATION AND CONSEQUENCIAL RELIEF. SO THE QUESTIONS ARE 1 CAN THIS DECREE BE CHALLENGED? 2 CAN DECREE BE REVERSED? 3 WHAT ARE THE POSIBILITIES OF SUIT REJECTION?
yes, your younger sister can challenge the settlement decree if she became aware of this fact in recent past. if she is knowing about this fact since long time and have not acted upon it earlier she cannot do same now unless she has good reason for delay. Also, decree can be reversed provided what sought of arguments and evidences are being given to court to support claim by either party.
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