Compromise Degree with non contesting respondent in a suit
Hi Sir,
Below is my case problem and I am the bona-fide purchaser in this case.
Plaintiff is the youngest daughter of her father and has two elder brother and two elder sister where all got married, her father and her two elder brother had died. Her father had left an unregistered will stating his property belongs to her two sons.
In 2010 she applied a partition suite as a legal hire in her father property, the respondents were her two brother’s legal heiress(10 peoples) and her two sisters. As no one appeared in the suit, she was awarded an Ex-party preliminary degree conforming her rights of 1/5th on her father’s property.
In 2013 her two brother’s legal hires(10 people) had sold the property to me based on their grandfather unregistered will.
Knowing the sale, the plaintiff applied for the Final degree in 2013 based on the Preliminary degree which was in her favour.
In the Final Degree one of her brother’s legal hire, and one of her sister’s legal hire are contesting the suite as responded, and all others became Ex-party
I also had impleaded as a party in the ground of bona-fide purchaser in the final degree suit.
Now one of her sister who had remained Ex-party in the final degree suit is ready to compromise with me on her rights. However as the current property patta is in my (Bona fide purchaser) name she can’t execute a release deed and register in the Registration office.
1. Whether me (contesting Respondent) and the non-contesting Ex-party respondent alone can do a compromise agreement and get a compromise degree in the present final degree case?
2. If the compromise is done between me (bona fide purchaser) and Plaintiff, Can we include the non-contesting Ex-party responded in the compromise agreement and get the compromise degree without impleading the non-contesting party in the case?
3. If compromise is done only between me (Bona fide purchaser) and plaintiff, can the contesting responded who is a legal hire can continue the final degree from where the plaintiff has left? Or she need to first get the preliminary degree on confirming her rights and then come to the final degree?
And also please Advice
1. How I can create a legal document (compromise agreement, relinquish deed, other way if any) with only the non-contesting party on her rights?
2. If I do compromise with only the plaintiff or with only one party, will my stand on opposing other parties rights based on the unregistered will get effected?
Thanks in Advance