You can apply to the Tehsil/court for a further amendment of the preliminary decree to reflect this second sale

2) , subsequent purchasers during a pending partition (pendente lite) can step into the shoes of the selling co-sharer. The court generally allows equities to be worked out before the kurre (allotment of specific portions) are finalized.

3) It is a well-established legal principle in partition suits that the court has the jurisdiction to adjust shares and allot portions to a third party (such as your mother) who has purchased a co-sharer's interest during the pendency of the suit. The fact that she was not an original party or co-sharer does not prohibit her from being impleaded and having her purchased share recognized in the final decree. 

A preliminary decree in a partition suit is not final in the sense that it completely terminates the court's jurisdiction over changes in ownership structure. Until the Final Decree (F-Decree) is passed and physical possession is handed over through kurre (allotment of specific lots), the suit/proceeding remains pending. Under procedural law (specifically the principles under Order 22, Rule 10 of the Civil Procedure Code or equivalent revenue code provisions), when a transfer of interest takes place pendente lite (during the pendency of proceedings), the court has the power to recognize the transfer and modify or adjust shares before framing the final decree.

A third-party purchaser acquires all the rights, title, and interest that the selling co-sharer possessed in that specific share. Your mother steps into the shoes of the seller to the extent of the share purchased. Since your mother was not an original party to the partition suit, you should file an application along with the amendment request to implead (add) your mother as a respondent/party to the proceedings.

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A co-sharer has every legal right to sell or transfer their undivided share (or a portion of it) at any stage, even to an opposing party or an outsider.Since the seller is an active petitioner/party in the same suit, executed a registered sale deed, and the mutation has already been sanctioned in the revenue records, they are legally bound (estopped) from denying the transaction in the same court.

File an Application for Impleadment & Amendment  to add your mother as a party (transferee pendente lite).

You may pray for a consequential amendment in the amended preliminary decree to re-determine the updated numerical shares of all parties.

You may request the Tehsildar/Court that the shares standing in the names of your father, your mother, and your family be allotted together in a single contiguous block (patti) during the preparation of kurre.

Dear Sir/Madam,

Yes, you may apply for impleadment of your mother and modification of the preliminary decree before the final partition/kurra is completed. A preliminary decree in a partition case can be modified due to a later transfer of share.

Your mother’s earlier non-co-sharer status is not a bar; through the registered sale deed she has acquired the seller’s interest, subject to the pending proceedings. The seller being a petitioner also creates no legal obstacle.

File an application with the registered sale deed, mutation order and amended revenue records before preparation of the final decree.

Advocate Saurabh Agrawal

1. Can we apply for a further amendment of the preliminary decree to reflect the second sale?
Yes, you can apply for a further amendment. In partition suits, the proceedings continue until the final decree is passed, and the court retains the power to modify the preliminary decree to account for intervening events. The Karnataka High Court has clarified that Order 20 Rule 18 CPC creates no impediment to passing more than one preliminary decree if events after the initial decree necessitate readjustment of shares. Since your final decree (kurre/allotment) has not yet been prepared, the court can certainly take cognizance of this second sale. You should file an appropriate application (I.A.) before the Tehsil/court, placing the registered sale deed on record and seeking modification of the preliminary decree to reflect the reduced share of the seller and the corresponding acquisition by your mother. The court is duty-bound to consider such changes before finalising allotment.

2. Any legal difficulty because the purchaser (mother) was not an original co-sharer?
This does not create an insurmountable obstacle. A transferee of an undivided share during pending partition proceedings is a "transferee pendente lite" and is entitled to come on record to work out equity in the final decree proceedings. The Supreme Court has held that such purchasers, having purchased from co-sharers, are entitled to be impleaded to protect their interests. While your mother was not an original party, she has acquired a vested interest in the suit property through a registered sale deed, and mutation has already been completed in her name. Courts generally treat subsequent purchasers as proper parties whose presence is crucial for complete adjudication. The only procedural requirement is that she must be impleaded as a party to the proceedings so that her rights can be duly considered while allotting specific portions.

3. Does the seller being a petitioner/opposing party create any obstacle?
No, it does not create an obstacle; in fact, it strengthens your position. The seller, being a co-sharer and a party to the suit, had every right to transfer their undivided share, and courts have held that co-sharers cannot be restrained from transferring their unpartitioned share. Since the seller is already before the court, there is no difficulty in the court taking cognizance of their own sale deed. The principle of lis pendens (Section 52 of Transfer of Property Act) applies, but that only means the purchaser's rights are subject to the final outcome of the suit—it does not prevent recognition of the purchase. The court cannot ignore a transaction executed by a party to the suit itself. You should promptly file an application to implead your mother and modify the preliminary decree, annexing the sale deed and mutation order. The seller cannot now be heard to object to a transaction they themselves executed.

Based on the facts stated, the second purchase does not become invalid merely because it was made during the pendency of the partition proceedings or because the purchaser (your mother) was not an original co-sharer. However, the manner in which her rights are brought on record is important.

1. Can the Preliminary Decree be amended again?
   Yes, you may move an application before the Tehsildar/Revenue Authority conducting the partition proceedings, placing on record the subsequent registered sale deed and the mutation entry in favour of your mother. Since the rights of one of the co-sharers have devolved upon a third party by way of a registered sale deed, the authority can take note of the subsequent event so that the final partition (kurre/final allotment) reflects the correct ownership.
2. Will there be any difficulty because your mother was not an original co-sharer?
   Ordinarily, No. A purchaser from a co-sharer steps into the shoes of the vendor to the extent of the interest purchased. She does not acquire any higher rights than the seller, but she is entitled to have the seller's share recognised in her favour. If necessary, she may be brought on record as a transferee pendente lite or an interested party so that the final allotment is made in accordance with the transfer.
3. Does the fact that the seller is a petitioner in the same partition proceedings create an obstacle?
   No. A co-sharer is competent to transfer his undivided share even during the pendency of partition proceedings. Such a transfer is, however, subject to the doctrine of lis pendens under Section 52 of the Transfer of Property Act, 1882. This means that your mother will be bound by the ultimate outcome of the partition proceedings and will be entitled only to the extent of the seller's share as finally determined. The transfer itself is not void merely because the proceedings are pending.

Accordingly, your mother is entitled to seek recognition of her interest in the partition proceedings, and the final allotment should be made keeping in view the registered sale deed and mutation in her favour. If the Revenue Authority declines to amend the record, it should at least take the transfer into account while preparing the final partition so that the portion falling to the vendor's share is allotted in accordance with the transfer.

The precise procedure may vary depending on the provisions of the Karnataka Land Revenue Act, 1964 and the rules governing revenue partition proceedings. Therefore, the application should be accompanied by:

• The registered sale deed.
• The certified mutation entry.
• RTC/Pahani reflecting the mutation (if updated).
• A prayer to recognise your mother as the transferee of the vendor's undivided share and to carry out the final partition accordingly.

On the facts stated, there appears to be no legal impediment to seeking recognition of the second purchase merely because your mother was not an original party to the partition proceedings.

- Yes, your mother can move an application for becoming a party in the said matter , as the final decree not passed.

- Further, even the said member can also inform the Tribunal about his selling the share to your mother 

- No , since she has purchased the share of a member /party of the matter , hence she will not face any difficulty 

Sir/Madam,

it is suggested that you can't apply for a further amendment of the preliminary decree to reflect this second sale as the second sell is not on the name of original co-sharer i.e. father. However, the said portion of land remains in possession/occupation of your family. If you can do one more thing that your mother gives her share to your father, then you can apply for the amenment in the said P-decree. It is also suggested that if the seller is one of the petitioners/opposing parties in the same partition case, he can't create any obstacle to having this purchased share recognized in the proceedings. 

Dear Client,

Yes. Since the sale deed has been executed and mutation has been effected in your mother's name, you may seek to apply before the Tehsildar/court to bring the subsequent transfer on record and an appropriate amendment before the final allotment (kurre), if permitted under the applicable State land revenue law.

The seller being a petitioner in the partition proceedings also does not invalidate the transfer, provided the sale is lawful. However, your mother will generally acquire only the rights and share that the seller was entitled to. Since procedures vary by State, consultation from a local revenue lawyer is advised.

Thankyou for contacting us, if you have any further queries kindly do not hesitate to contact again. Thankyou.

If she is not party to old proceedings then afresh she can’t be party to appellate or consequential proceedings. For fresh proceedings she can take her reliefs. Yes. He will be biggest challenge as a contesting party