Intestate Succcession in DELHI : One co owner executed a GIFT DEED of undivided share in favour of Son ( who is not real son and no adoption deed ) of family dwelling house without consent of other co owners and son sold undivided share to stranger purchaser and handed over possession to stranger purchaser despite resistance from other co owners . Stranger Purchaser filled suit for injection against co owners who resisted handling over possession. Meanwhile co owner who resisted handling over possession filled suit for Declaration for cancellation of Gift Deed , sales deed etc .Suit for injection filled by Stranger purchaser has been dismissed on the ground that he is entitled for partition of the property. Where as one finding has come against co owner that other co owner can transfer undivided share of family dwelling house .No appeal has been filled by co owner against the said finding.
There is also a finding in Injection suit that this is not a declaratory suit that gift deed be declared as null and void .
Suit for declaration filled by co owner has been dismissed on the ground of RES- JUDICATA.
What is the remedy for co owner to recover the possession.
From – Rajeev Bahl
H-6, KIRTI NAGAR,
NEW DELHI -110015
Email address – [deleted] and [deleted]