You should amend the petition and include the third parties ie purchasers , lessees
2) you should seek injunction restraining them from creating third party interest in the property
Advise on next steps
DRT has auctioned a property that belongs to me and that property has no legal opinion at the time of hypothecation in 1980 and I wasn't even born. My father had mortgaged my property where he has only life interest on that property. (The property was bought my grand mother in 1960 which are 2 pieces of property which look to be single when viewed) and she had expired in 1976 executing a registered will giving life interest to my father and absolute title to his male issue which is me and me only. But bank in the year 2014 has auctioned the property which they don't seem to have rights, thinking i am in abroad and wont know this. But I came to know about the issue in 2016 and filed a declaration suit against the buyer. bank, DRT and my father challenging the sale and also requested court to provide injection not to alienate the property and court had granted it and case is still going on. Buyer of this property had transferred one piece of property on his wife's name as a mode of gift deed and we don't know this when i filed the case and came to know this lately and requested court to implied buyers wife into the case and also put up the injection stay on the same. While things stood that way buyer and his wife after getting injection, Created a Registered lease deed on one of his family members for 30 years lease for just about 20k per month rent and started dismantling the property to his choice. For which we filed a contempt of court on the buyer for the issues he had done and also included the leasee to the suit. Yesterday I came to know the news that Original Buyer and his wife executed another non registered sale deed to one of his family members X by accepting 29 lakhs for property -1 and 35 lakhs of property 2 that described above. This new guy filed another suit in District court stating he had paid the advance and the Buyer and his wife were not registering the properties on his name and asking the court to get it registered on his name so that he will pay the remaining balance in the court. (Note: All this happened after I filed the suit and got injection). Yesterday again I came to know another news that Original Buyer and his Wife executed a lease deed some time ago to Y where we filed petition already to make him party has filed another case in the sub court that he is in possession of the property for 30 years starting 2017 and he invested about 20 lakhs in the property for renovation and asking for a releif on not to interfere into the property by Buyer/Wife or any one. My understanding is that the Buyer hand in gloves is trying to perform such thing behind his back. To create more litigation into the property even though I win the main suit to create trouble by some means. I have following questions a) Should i include the above parties to my case as i came to know what they have been doing? b) Should i have to file a claim petition in there cases and requesting the honorable judge not to pass any
Asked 7 years ago in Property Law
Religion: Hindu
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7 Answers
1. Yes they should be pleased as necessary party as they purchased or leased the permises after the injunction was there from.court and has created rights
2. You can also plead to be joined as party there.
1. yes add all the third parties to whom the property has been sold by the auction purchaser
2. you can file separate contempt petitions for the alienations done by the buyer despite a court stay
3. you should also intervene in the suits filed by the third parties and show the court that there is an operational stay order in your favour and so the alienation in favour of the plaintiff was in first place illegal
1. Yes these parties must be impleaded in the present case
2. You may file an application for status quo and also you may make an application in the newspaper that the property is pending litigation. Also, as and when the order is in your favor the mischief of doctrine of lis penndis will operate which provides that no fixed property can be transferred while an action relating to it is pending before a court of law.
So any transfer so made shall becomes void.
Regards
Hi, since he is continuously creating third party interest even after the court has granted injuction , and there is contempt going on against him , my advise is you should go and file a criminal complaint against him
1. You have the injunction order passed by the Court restraining the buyer or the other parties in dealing with the said property which includes selling or gifting or leasing or renting the said property. so, all the subsequent actions in dealking with the said property by the buyer is illegal hence invalid. You can file a petition to induct all the patrrties in your case or file Intervening Petition in all the said cases filed by them which I think will be more appropriate and effective.
2. You have already filed a declaratory suit wherein you are expected to be declared as the title holder of the said property and the mortgage of the property with the Bank is expected to be declared as a bad mortgage, hence invalid. So, I do not find any requirement to file any claim petition in this respect.
1. As and when you note the developments that is going against you in the form of further transactions in the property, you may implead the new parties to the suit and get injunction against them also restraining them from further alienation.
2. You can file a petition seeking injunction against the newly added parties too.
