• Fighting property case separately

My father expired in 1998. One cheat property buyer misguided my mother and took her signature in sale deed (2011) and registered land in his name. This property belongs to my grandfather (Dad's Dad). We 3 children had put case in 2012 that we have not put signatures so 3/4th share should come to us. 

Petitioner1 - my elder brother 
Petitioner2 - my elder sister via GPA to petitioner1
Petitioner3 - myself via GPA to petitioner1

In 2012 petitioner2 and petitioner3 lived in US. Now all petitioners live in USA. 

Due to some issues, petitioner1 is not coordinating with petitioner2 and petitioner3. The cheat buyer is doing illegal construction, and our lawyer is also not helping to stop construction. Petitioner1 is not coordinating. 

How can petitioner2 and petitioner3 fight for the grandfather's property share. Most local lawyer are telling that if petitioner1 is not coordinating then nothing can be done.
Asked 2 years ago in Property Law
Religion: Hindu

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15 Answers

2 and 3 have given the PoA to 1. Withdraw and cancel the PoA and make a fresh PoA giving it to someone who is trustworthy and will represent you before the court.

Take a stay upon the property so that he doesn't go ahead and construct. Go to the high court if need be.

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

Petitioner no 2 and 3 can change their lawyer 

request existing lawyer to give NOC as they want to appoint another lawyer to appear on their behalf 

 

seek stay of construction being carried on by buyer 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

You need to file partition suit if all are not Co-operating for the same. A single share holder can also file the same

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

If Petitioner 1 does not pursue the suit, others, Petitioners 2 and 3, can very well carry on with the legal action in their own right. The suit will not be affected in any case.

Swaminathan Neelakantan
Advocate, Coimbatore
2773 Answers
20 Consultations

4.9 on 5.0

If the 1st plaintiff is not acting in the interest of the other plaintiffs, then the other plaintiffs can revoke the power of attorney deed and enter appearance directly before court or even through their own lawyer.

Thus you can cancel the POA deed and arrange to appear on your own to avoid such misgivings.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Dear Client,

you both can pursue the case without the cooperation of petitioner 1 as your rights are also infringed. If you want to change your Advocate you will have to get a NOC from your current Advocate and appoint a new one.

Thank you

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

1. Local lawyers are not giving you the correct legal advice.

 

2. Both you and your sister have share on the said undivided property for which both of you individually or jointly can file an application in your name/s or execute POA in favour of another person to pursue the case without the participation of Petitioner 1.

 

3. You should now file an application under Order 39 Rule 1 & 2 praying for an order upon the said buyer restraining him in continuing the said construction till the suit is disposed of by the Court.

 

4. You can decide to opt for an Advocate afresh to deal with your said matter.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

Yeah that is correct.

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

You need to file partition suit only as stated already

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

You can file partition suit for division of property by metes and bounds 

 

2) in existing case you are liberty to change your lawyer for no 2 and 3 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1.     What case you had put before the Court? Is it a partition suit or a declaratory suit?

 

2. Whatever be it may, you should pursue the same case since Petitioner 2 & 3 are the joint petitioners of the said case along with Petitioner 1.

 

3. The Petitioner 1 might be absent or withdraw himself from the case for which the case won't become defunct.

 

4. Aldo file the injunction petition as advised in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

- As per law, after the death of your father intestate , his property would be devolved upon all the legal heirs equally and none having right to transfer the share of others 

- Hence, even your mother signature was taken then also the property cannot be transferred in the name of that cheater . 

- Further, the said sale deed can be cancelled after filing a suit for declaration and injunction before the court for declaring the sale deed invalid and to restrain him from doing any work or sell the property . 

- Since, the case has been filed then how your lawyer not taken status quo/stay order from the court .

- Further, if one petitioner No.1 is not cooperating , then also lawyer can carry the case as a whole , and the suit will be decreed as prayed. 

- If the lawyer not doing the rightful work then you can replace him . 

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

I don't see any wrong in continuing the existing case, but you may have to conduct it separately on your own. 

If the first plaintiff is not cooperating then you can decide about it accordingly.

All persons whose right to relief arises out of the same act or transaction or series of acts or transactions may be joined as Plaintiffs. The test is whether any common question of law or fact would arise if such persons brought separate suits (Order 1 Rule 1).

Avoidance of multiplicity of proceedings is also one of the objects of the said provision. Order 1 Rule 10 of the CPC, empowers the Court to substitute a party in the suit who is a wrong person with a right person. If the Court is satisfied that, the suit has been instituted through a bona fide mistake, and also that it is necessary for the determination of the real matter in controversy to substitute a party in the suit, it may direct it to be done.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Dear Client, 

Yes, the above mentioned chronology is correct.

Thank you.

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

Petitioners 2 and 3 may very well amend the plaint with the leave of the court making Petitioner 1 also a Defendant and proceed with the suit.

Swaminathan Neelakantan
Advocate, Coimbatore
2773 Answers
20 Consultations

4.9 on 5.0

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