• Notice suit for Declaration

I purchased one plot from A party in 2010 , A had the attorney and we got the registry done after full payment of the plot to the person, and same plot i sold with registry done to B within six months of its purchase. Now i got a notice from civil court , in the matter of suit for declaration. Where we have been made party alongwith 35 more respondents. who also have purchased and sold the plots in same colony. 

Now son of owner (who died) , gave attorney to A has filed the application under order 39 rules 1 and 2 read with section 151 of CPC against A and other 35 defendants(including me) who sold and purchased the plots in same colony to restrain the respondents to selling, alternating mortgaging the suit land.

my concerns are 
1.) How i am affected with this notice since i had already sold the plot against sale deed to B in 2010. 
2.) What should be my course of action? Shd i sue A also for this .
3.) What worse can happen to me.
Asked 10 months ago in Civil Law

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13 Answers

Even if you have sold the said thing is challenged in civil court so you have to attend the same. If your sale deed is legal the said suit will be dismissed

Prashant Nayak
Advocate, Mumbai
19794 Answers
36 Consultations

4.4 on 5.0

1. See you won't be effected in this suit but the buyer you sold to if looses flat can recover the amount from you.

2. You can sue your seller on conclusion of suit.

If suit is decided against plaintiff then in that case 

3. The buyer you sold to can recover the amount.

Shubham Jhajharia
Advocate, Ahmedabad
24970 Answers
99 Consultations

5.0 on 5.0

You already sold the property, recovered your amount and may have paid STCG  on profit. Whatever the result of case, you are unaffected party, except if B asked for refund in case order delivered in favor of son , than you can do same against A.

When owner died after 2010 ?

Hire any local lawyer, he will represent you or appear in court on next date, collect copy of plaint, ascertain cause of action ?


Yogendra Singh Rajawat
Advocate, Jaipur
19461 Answers
25 Consultations

4.5 on 5.0

1) engage lawyer 


2) file detailed reply that you had sold plot in 2010 itself 


3) enclose copy of sale deed 

Ajay Sethi
Advocate, Mumbai
75994 Answers
4544 Consultations

5.0 on 5.0

Dear Sir

It is better to attend the court and file objection through efficient lawyer.

Suit for declaration is the most common and effective types of  civil suits filed by Indian lawyers. It seeks the relief of declaration and  injunction on the basis of the declaration of the court. Suit for declaration is a declaration from the court on any issue by way of a decree of the court. The relief of injunction in a suit for declaration is the consequential relief in most cases.

Section 34 and 35 of the Specific Relief Act lay down the law relating to declaratory decrees. A declaratory decree is a decree declaratory of a right which is doubtful or which requires to be cleared or pronounced by the courts in favour of the person approaching the court. The object of the declaratory decrees is to prevent future litigation by removing the existing cause of the controversy. In other words, if a cloud is cast upon the title or legal character of the rights of the plaintiff in any manner, he is entitled to seek the aid of the court to dispel it by way of a suit for declaration. The court considers the rival contentions and passes a decree of declaration establishing the rights of the parties to the suit.

Netravathi Kalaskar
Advocate, Bengaluru
4953 Answers
25 Consultations

4.8 on 5.0

1. It is essential for the suit to make you a party.

2. If there is any illegality in the transfers, you just need to prove in court that you had the reason to believe that HE was the real owner and you purchased the plot in good faith and had not intent to cheat.

3. If you don't have any part to play in the illegality, you just would be a party to the proceeding. where you wouldn't be held liable for anything. Refer to point 2, you just need to prove your bonafide, which can be tricky in court. 


I hope this helps you.

Abhishek Sharma
Advocate, Chandigarh
118 Answers
2 Consultations

5.0 on 5.0

Because the plot is sold on POA (attorney) based by owner son and not owner and other legal heirs.. And further A had sold the plot on Attorney based. If it were clear sale deed than issue were not arise.

Ganesh Kadam
Advocate, Pune
10225 Answers
92 Consultations

4.9 on 5.0

- It looks that the son of deceased owner is having disputes with that land due to being sharer.

- Now by way of filing a decleration suit , he wants to challenge all the sale & purchase of the land .

- Hence, it is necessary to summon all the perons , who have a delaing for the said plots

1. Since, you have also sold iplot , due to that reasons , you are also effected and summoned as a party.

2. Without going through prayer clause of the filed suit , perfect sugestion is not possible.

3.By way of filing an application u/o.39 rule 1 and 2 , he wants to stop further any type transaction over the land. 

You should write here, what decleration he prayed in the suit . 





Mohammed Shahzad
Advocate, Delhi
3435 Answers
39 Consultations

5.0 on 5.0

Eventually I love you have to file your written reply in the court against the Order 39 Rule 1 and 2 section 151 of  CPC.

You have to provide the documents relating to the Purchase and sale of the property along with the training document that you have received from the a while taking the property registered and contrast the case in case it is not followed up and cort passes the injunction in this regard it will be difficult for all of you to get the property before the father Court gives decision in your favour

Vimlesh Prasad Mishra
Advocate, Lucknow
6575 Answers
22 Consultations

4.9 on 5.0

You are just a Party to the suit because you hve done transaction of sale and purchase in that colony. 

You should first of all appear in the court and find out the grounds on which they have made you the respondent.


Mohit Kapoor
Advocate, Rohtak
8764 Answers
3 Consultations

5.0 on 5.0

Better u seek the detailed consultation by disclosing complete details in this case, so that exactly can be suggested to do . 

Mohammed Mujeeb
Advocate, Hyderabad
16614 Answers
11 Consultations

4.5 on 5.0

1. You have sold the property already but you had to be arrayed as a defendant as A had sold the property to you. The plaint has to be perused to see what reliefs have been claimed against you.

2. Even though you have sold the suit property already yet the plaintiff can seek the relief of damages against you. 

3. Unless the suit papers are perused it is not possible to say whether you have any relief against A.

Ashish Davessar
Advocate, Jaipur
29564 Answers
851 Consultations

5.0 on 5.0

1.  Whether you have sold the property or it is still in your possession, since you have been impleaded as a party to the suit, you may have to apper before the court and record your statement or objection to the suit or if a decision is given against you then you may have to abide and obey the court order.

2. You dont have to sue A for this, you just participate the case and ask A to take care of the situation.

3.  You consult an advocate in the local and apprise him of the situation and take his assistance to tide over this crisis.

T Kalaiselvan
Advocate, Vellore
65972 Answers
861 Consultations

5.0 on 5.0

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