Legal Question in Civil Litigation in India

Hindu Succession (Amendment) Act.2005

A filed partition suit. During the pendency of the said suit the matter was compromised and a compromise decree was passed in the year 2001. Thereafter A alienated his share of landed property to third parties in Sept., 2004. When the matter stood like this A's sister filed a partition suit against A and also his vendees claiming share in the said property. Sec: 6 of the Hindu Succession (Amendment)Act 2005 clearly says that partition effected by way of a court decree prior to 20.12.2004 or property alienated prior to the said date cannot be called in question. Therefore A is entitled to file an I.A. praying the court to reject the suit. I think legal opinion favours Mr. A. Kindly advise.

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