Legal remedy as appeal rejected in lower court for unlawful partition


Hi, For my mother's ancestry property. There were two sons n 5 daughters. 5 daughters were uneducated and signed on final decree without knowledge. Compromise case and appearing in court and judgement made on all same day(malur court). 5 daughters had no clue how much they will get. But brothers sworn to give partion after court case. But now they are not willing to give. The lower court rejected the appeal. Total of around 10 acres , daughters were given only 2 guntas each. OS 253/ 2011 If we appeal in High court of karnataka do we get justice on the partition. Thank you for the advice!!

Answers (1)


146 votes

yes, Normally Court has enquired about the contents of the compromise decree with each one of the parties and then only it passes a decree. If any malpractice or fraud etc there that time you have only limited grounds for questioning. .you have not any appeal provision but you may question before High Court under writ petition by strict proof of deceiving or fraud.


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