Legal Question in Real Estate Law in India
Compromise decree between mother and two sons signed in court on 13/06/1995 dividing house equally between two sons and agicultural land between all three. Maps made and attached with decree.mother was donor &sons were recipients. Mother signed swill in2005 giving her entire property to younger son who further vulunteered declaration that entire property was his and got another decree passed in his favour. The judge has now ordered that compromise decree of 1995 cannot be executed placing it in default. Mother expired in 2008 and during her lifetime she never challenged compromise decree. Does a subsequent will have more weight age than compromise decree signed in court?
1 Answer from Attorneys
The validity of compromise deed will depend upon its nature. Whether it amounts to a family settlement deed, whether it was registered, whether it was witnessed and whether witness can testify now before the court, whether free consent was there etc.I think, it can be given consideration if above criteria are fulfilled.The order of the court has to be seen as to analyse on what ground it placed it on default. Then it can be decided whether an appeal should be filed or not.
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