• mutation of a residential plot

sir i want to know that i have filed a civil suit in delhi highcourt against two son's of a person from whom i purchased plot through irrecovable gpa  bcoz his son sold the same plot to other person but sir confusion is that in mutation after death of main owner it came on his 3 son's name in which out of 3 two have sold their share and one has not so for it i have  filed case against 2 son's of the owner i have to file a case against 3rd one also or not bcoz his name is also there in mutation.
Asked 3 years ago in Property Law from New Delhi, Delhi
yes 3rd son has to be made party to suit . tomorrow 3rd son will sell his share . you need to protect your interests . . obtain an injunction restraining him from selling his share too
Ajay Sethi
Advocate, Mumbai
23328 Answers
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you can take out chamber summons for adding 3rd son as party in existing suit .  or file separate case against 3rd son your lawyer will do the needful
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
The third son should certainly have been made a party to the case as the property has been sold to him who can sell it further to some one.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
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We do not know as to at which stage your case is currently pending adjudication in the court. However, it can be safely said that it may now be too late to make him a party to the case. Hence, you may in order to safeguard your legal interests file a separate case against the third son to pre-empt any contemplated move by him to sell the property further.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0

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