Partition suit is filed against brother and a builder to whom my brother has sold entire open plot including and ignoring my share in the said immovable property of our family. Myself and my brother are only heir to our father and mother (both are passed away). This property is of my mother, got her in a previous suit, compromised later on, accordingly Court has passed the decree at that relevant time (10 years back). My mother died instate within 6 months, after that decree passed in 2010. Taking advantage of his (brother) name alone on property card, he sold the property behind the back hence I filed the partition suit for physical partition and possession by metes and bounds. The Application filed under Exh 5 (Interim application) to restrain the defendants from creating any third person right and any construction on suit property + changing the nature of the Suit. However at the time of argument on Exh 5, my advocate remained absent and his Jr. refused to argue the matter hence same was rejected. (I do not wish here to go in details such as Appeal over that order etc. Kindly note that at present there is no stay on construction) Taking the advantage of "No Stay from Court" , the builder started and almost compeleted the construction by doing it day and night. On the basis of that sale-deed from my brother, thr builder entered into agreements with few people to sale flats of that apartment, knowing well orally that, I have filed the suit against my brother and builder. As per advice received from best advocates of this forum, I amgoing to amend the plaint, to implead the NAGAR PARISHAD" to restrain from issuing BCC and OC. Question : Along with NAGAR PARISHAD, should I implead the persons who booked the flats in the said apartment, restraing them from execution of agreement and possession in Apartment. Please advice regarding 1. To implead persons who booked the flats. 2. what prayer should I pray in this regards. Thanking you.
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The sale of the property is void in law.
Since no stay order is issued you can implead all persons related to any sort of transaction with the property.
Inform them that title to the property is disputed and subjudice.
Prey for stopping of issuance of any kind of sanction to the property till the disputes are finally settled and final decree is issued by court.
You can include prayers that they should be restrain from executing sale deeds for the said flats and registering the same. Also direction to the registration office not to register the documents.
You should impress the purchasers in suit filed by you
2) seek injunction restraining execution of sale deeds by builder in favour the purchasers
I did not get "you should impress the purchaser in suit . . .please put the same in simple words. Thanks
Typographical error
you should implead purchasers in suit
in other words add them as parties to the suit
You can implead them if you know the purchasers. In prayers you can include that the builder should be restrain execution of sale deed with the purchasers
Not required
The purchasers of builder have no interest in the land till a society is formed
The builder has to convey land to society as per MOFA and RERA
So include a prayer against builder seeking injunction against him from conveying the land to such society till suit is finally decided
However such a prayer is problematic as execution of conveyance is a statutory obligation of builder and there cannot be any injunction against a statute
So seek a direction against builder that in case builder does convey the land to society, then it shall be subject to Plaintiff's right claimed in the suit for her undivided share
The above prayer is to be asked in the alternative and without prejudice to the prayer seeking injunction against local body from issuing OC for the building
also you need to consider the proposed impleadment of flat buyers from logistical point of view
suppose the application to implead such buyers is allowed, then you will have to serve case papers and writ of summons on all of them. Also whenever you take out any interim application, all parties have to be served
this will add to the complications
better to keep things simple rather than adding to complications
I think your advocate is too incompetent. You would have applied for legal heir certificate and on the basis of it mutation of plot in joint ownership.
Your brother msut have committed forgery to trasfer in sole name. File Criminal complaint. When court has not granted stay agasint builder, why will pass agasint NAGAR PARISHAD.
Have you enclosed LHC with petition ? If not than your suit is carrying defective pleading.
First you file a petition to implead them as necessary parties to the suit and then y9ou can file an injunction application seeking to restrain them from alienating or further encumbering the property in any manner.
It is you ' you should implead the new buyers as necessary party to the suit in order to seek reliefs against them also.
Yes you can include the name of people whose rights are created by booking of the flats so that purchasers of flats become aware of the court case.
The specific prayer you should add regarding issuance of OC and completion certificate from municipal corporation.
