FDP after judgement
2 years ago
Dear Sir/ma'am
1) Judgement yet to come in district court defendent parties didn't agreed for FDP in district court . i e next purpose: call on 30/sep/21
2) For FDP in district court should both parties have to agree or what? Property is in a Taluqku.
3) in FDP how & who will decide which part is for whom..?
4) in field some trees are there at one side how they can be decided.
5) one small home is there how that will be divided among all parties
Please give us information about FDP Sir
A.Dear Sir,
My answers are as follows:
1) Judgement yet to come in district court defendent parties didn't agreed for FDP in district court . i e next purpose: call on 30/sep/21
Ans: Without judgment pronounced you cannot go for FDP proceedings.
2) For FDP in district court should both parties have to agree or what? Property is in a Taluqku.
Ans: The decree holder normally initiates Final Decree Proceedings and a notice will be issued to other side and without consent of other side FDP may be granted by the Court as per the terms of judgment and decree.
3) in FDP how & who will decide which part is for whom..?
Ans: It is the court will decide on the report of Court Commissioner who will submit report to the Court about the options available.
4) in field some trees are there at one side how they can be decided.
Ans: It will be decided by the Court on the report of Court Commissioner and trees are undivisible then same will be sold and market value will be distributed.
5) one small home is there how that will be divided among all parties
Ans: It will be sold to one of the sharer if not agreed it will be put to public auction and amount received will be directed to be shared as per the terms of judgment and decree.
It is the final decree of the court with the consent of both parties so they should agree with the division of the house. Based on the evidence (about the land, assets in land etc), the court on the consent of the parties will come to a conclusion. The share in the land is decided by its value so, the value of the whole land is calculated and on the basis of it, division occurs. The house will either be divided by floors or through money or equally. The parties can choose if they want monetary value or an equal share of land.
Thank you.
Advocate Sinjari Bandyopadhyaya
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