A partition suit is filed including only property and an interim application (under Exh 5) was also filed, against my brother. I have made a party to builder, to whom my brother sold the entire property. My interim applicant was rejected by TC but upheld by LAC and lastly substituted by HC, passing Mysterious order, hence knowing doors of SC, soon. we have many properties in the district, some of them are known and some are unknown. Few people, somehow managed the "Talathi" and got recorded their names as tenants and there are some true tenants on some properties, on which, process of 32 G of Tenancy act have been completed. (I have come to know about the present position of these properties, which were not known to me. Question : 1. whether I can including these properties known to me ? 2. what about unknown properties. 3. Is it mandatory to include all names as a party to partition suit pending before TC present on 7x12 extracts or it should be Limited upto my brother. 4. whether I can file once again an application under exhibit 5 to restrain the all the parties from creating third party interest. 5. In such situation, what will be the builder's position, who purchased only one property from my brother. in view of amended plaint and new interim application under exh 5
Yes you can file an application for amendment of plaint.
You cannot include properties not known to you.
You have to mention all the legal heirs in partition suit if there are only two legal heirs then only your brother will be defendant and if there is third party right over any disputed property then his name will also be included in plaint.
Yes you can make application after your evidence.
whether it is mandatory to include all parties (hair or third persons (who are already on record) - being all area is undivided) ?
1. Yes.
2. You need to give details of property.
3. All details need to be given.
4.Yes you can
5. As it was not partitioned it will be an illegal purchase
You ought to in partition suit mention entire list of properties
2) you can take search in sub registrar office and find out details of other properties
3)issue notice to siblings to furnish details of other properties
4) include all names mentioned in mutation record
5) you can seek injunction restraining sale of properties creating third party rights
You must include all parties in partition suit
1. In a suit for partition all the joint properties need to be brought into the hotchpot and leaving a single one fatal. So subsequently if any property comes to your knowledge you can add this by way of amendment of plaint. Or even the defendants can apply for amendment.
2. Leave that aside.
3. Named of all the co sharers need to be given including a person who may have got any deed executed in respect of the joint property in the meantime.
4. If there is an order of status quo then it is enough.
5. If you succeed then the sale deed done in favour of the builder would be set aside by court or any other releifs as sought for may be granted.
1. All the properties can be included of which partition is sought
2. For properties not known to you, you can seek disclosures from defendants to disclose on oath all the properties in their knowledge so that even they can be partitioned
3. Partition suit is between co-owners. So tenants are not required to be made parties
4. Yes, in respect of other properties subsequently added in plaint for which partition is sought
5. Builder is added as a party only since the brother has sold the ancestral property to him which includes your share as well. He can reply to the extent of the property (out of all properties whose partition is claimed) for which he has any claim
Yes,
You can claim partition on those assets which are in knowledge. NO partition of property not before court.
IF dispute is limited up to brother, than others shall not implead.
Whereas in partition suit , every co owner should be made party and than only court order applies on them. And for cause of action difference suit agasint different parties with same prayer is not maintainable.
Stay on third party interest will apply to all and even builder.
It is mandatory to avoid multiplicity of litigation.
1. In a partition suit filed by you, if you have discovered additional properties at a later stage, yo can include those properties by filing an amendment petition to amend the plaint to include the said properties as well as in the schedule of properties.
2. How can you include the properties whose details are not known yet, you can make a pleading requesting leave of the court to include them at a later stage when you get their details.
3. Since your brother is already a party (defendant) in the suit, you may file a petition only to include the properties in the current suit by filing an amendment petition, and if they have been sold to some third parties, you may may file a petition to implead them as necessary parties to the suit.
4. You first of all get the properties included in the suit by an amendment petition and after than yo can file a petition seeking injunction agaisnt the current owners of the proeprty restraining them from alienating or encumbering the property in any manner till the disposal of the main suit by filing a petition under order 39 rule 1 and 2 cpc.
If the parties are already on record in the current suit then there is no necessity for impleading them as parties once again in the suit.