2,3 are separate agricultural land
suit filed earlier was in respect of land 1 only
you are at liberty to file fresh suit B in respect of agricultural land 2,3 without reference to suit A
Civil suits for sale deed properties
Hello, My dad executed a sale deed having three agricultural properties (1, 2, 3) with his uncle. There is a kul related civil suite (civil suite A) going on for last 20 years for property#1 in the sale deed. There is a need to file a civil suite (civil suite B) for property#2 and #3 in the sale deed. There is no mention about property#2 and #3 in civil suite A. Can we file a fresh civil suite B without making any references to property#2 and property#3 in civil suite A. I was informed we would have to get order from Civil Suite A after including reference to property#2 and property#3 in Civil Suite A before filing Civil Suite B Any inputs on these are greatly appreciated Thanks,
Asked 2 years ago in Property Law
Religion: Muslim
Ask a question and receive multiple answers in one hour.
Lawyers are available now to answer your questions.
5 Answers
If the said civil suit doesn’t state the property you can file other suit but limitation will be an issue against you
If the nature of the existing civil suit is different and pertains to the said property alone, then there is no necessity to include the other two properties in the pending suit.
Until and unless there is any persisting dispute with regard to the other two properties, you may better not disturb them by involving them into an unnecessary litigation.
Dear client,
In India, civil suits concerning properties are governed by the Civil Procedure Code and other relevant laws. If civil suite A only pertains to property#1 and does not mention property#2 and property#3, it might not be necessary to include references to those properties in civil suite A before filing civil suite B. Each property's legal status and disputes are typically treated separately unless there are specific legal provisions or circumstances that necessitate combining them. Therefore, it might be possible to file a separate civil suite B for property#2 and property#3 without referencing them in civil suite A. However, the specifics of your case, local laws, any potential interconnections between the properties, and their legal history could impact the course of action. Filing a fresh civil suite (B) may require addressing any unique aspects or legal intricacies related to property#2 and property#3.
You can reach out to us for further assistance
- Since, the said suit A is for the property # 1 , then you can file a separate civil suit for the property # 2 & 3 without mentioning the details of property No.1
- Further, if you will amend the earlier filed suit A for including the said two other properties , then it will take further long period to dispose off .
