• Property suit

I have filed a suit in relation to an illegal transfer of property by defendant 1. After this illegal transfer, the property was transferred by gift to defendant 2 and then it was sold to defendant 3.

I have been advised that if the court finds the transfer by defendant 1 to be illegal then all transfers after this will be null and void.

Summons were issued to the parties but defendant 1 did not appear and hence proceedings will continue with defendant 1 ex parte.

My question is:

Given that all subsequent transfers will be null and void. Do defendants 2 and 3 have to submit reply, evidence, etc or can this now be bypassed as the whole case depends on whether the court believes defendant 1's transfer was legal/illegal? Can I go straight to ex parte evidence and then judgement?
Asked 3 months ago in Property Law
Religion: Hindu

3 answers received in 2 hours.

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8 Answers

1.  Hope you  have added Defendant No. 2 & 3 as necessary parties to enable the court to declare that all the subsequent transactions made after the transaction made by defendant no.1 are illegal, hence invalid.

 

2. If the transfer of the property to defendant no.1 is invalid, all subsequent transfers also will be invalid.

 

3. However, the defendant no.2 & 3 shall have to submit their written statements before the Court finally decides on the matter.

 

4. Once the Court decides that the first transfer is invalid, it will also declare that the subsequent transacts are also invalid and thereafter you can file the execution petition.

Krishna Kishore Ganguly
Advocate, Kolkata
26070 Answers
726 Consultations

5.0 on 5.0

If other defendants do not submit any reply case would be exparte 

 

2) if they submit reply and contest case it would be long drawn affair 

 

3) you cannot go straight to exparte evidence 

Ajay Sethi
Advocate, Mumbai
84384 Answers
5530 Consultations

5.0 on 5.0

Dear Sir

Once the transfer to defendant no.1 is void, the other transactions will also be declared void.

Nonetheless all the defendants will be expected to submit their written statements before the court, if any of them fail to do so it is their loss.

Thank you

 

Anik Miu
Advocate, Bangalore
2729 Answers
27 Consultations

4.9 on 5.0

All subsequent transfers will be invalid if the transfer to defendant no.1 is invalid. If the defendant number one is exparty then you should give your evidence according to plaint. 

Ajay N S
Advocate, Ernakulam
3941 Answers
83 Consultations

5.0 on 5.0

Since you have impleaded more than one defendant, all the defendants who have been impleaded as necessary parties to the suit are required to file their objections/written statements etc. 

If the other defendants fail to appear or do not file their written statement/objections to the suit on time then the court may decide the case against them by passing an exparte order against them also.

After that you will be able to get the exparte judgment in your favor.

You may have to undergo/follow the proper procedures of the case till the disposal of the case by court. 

T Kalaiselvan
Advocate, Vellore
74484 Answers
1226 Consultations

5.0 on 5.0

Yes you can file application for exparte evidence and judgement but court may apply it's jurisdiction

Prashant Nayak
Advocate, Mumbai
24476 Answers
52 Consultations

4.4 on 5.0

Unless you seek specific prayer all subsequent transactions will not become null and void. So amend the prayer and include declaration of nullity for subsequent transfers as well. 

Devajyoti Barman
Advocate, Kolkata
22515 Answers
364 Consultations

5.0 on 5.0

- Yes, if you have filed the suit against the defendants , then defendants 2 & 3 have to submit reply of the petition filed by you . 

- Further , if they will not appear then court will proceed to pass ex-parte order on your favour after accepting your contents of the suit. 

- Further , if the court will declare the transaction of Defendant no. 1 null and void , then all further transfers including the gift deed and sale deed in favour of defendant no. 3 will be also null and void and will have no value in the eye of law. 

Mohammed Shahzad
Advocate, Delhi
8182 Answers
86 Consultations

5.0 on 5.0

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