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Exparte decree given winning party sold property, can we claim share?


24-Jul-2023 (In Property Law)
Partition suit filed in andhra court by my uncles sons in 1998 against my mother and uncle for their grandfathers property who died in 1996. It was self acquired property .in 2006, my uncle and mother soldland to third party by telling it is in civil suit pending for 2,65,000 rupees for 4.69 acres..my uncle sons got exparte decree in 2010 and threatened third party.in turn they filed a police criminal complaint against my uncle and mother in Nov 2014. Now it was sent to court in Nov 2016. Now the market value is near 20 lakhs.whether to make compromise with third party or file a separate suit against third party to cancel the sale deed executed in 2006. Kindly give solution.
Answers (1)

Answer #1
1000 votes
An ‘Ex parte decree’ is a decree passed against a defendant in absentia. Despite service of summons, where on the date of hearing only plaintiff does and a defendant does not appear the Court may hear the suit ex parte and pass a decree against the defendant. The legal validity, enforceability and operation of such decree is similar to any bi-parte decree.
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