Suit for partition filed without prayer cancellation unregistered sale deed and non joinder dda a pa
monty lamba
(Querist) 25 October 2016
This query is : Resolved
Dear Sir,
I WAS FILED SUIT FOR PARTITION AGAINST ALL CO.-SHARES HOLDER (legal heirs)
please advice your valuable suggestion as under:-
1)I WAS FILED SUIT FOR PARTITION without prayer for cancellation of unregistered sale deed to defendants DATE OF SD SINCE 1999, BUT COME IN MY KNOWLEDGE 2015
2) Suit for partition Non-joinder of DDA as a party.
Sir please advice Suit for partition with out cancellation of sale deed maintainable or not and Non-joinder of DDA as a party.
Rajendra K Goyal
(Expert) 25 October 2016
Without knowing full case details / material facts/ related documents if any, nothing can be advised. Discuss with local lawyer.
R.K Nanda
(Expert) 25 October 2016
Contact local lawyer.
R.K Nanda
(Expert) 25 October 2016
Contact local lawyer.
Guest
(Expert) 25 October 2016
Any Un Registered Document is Invalid.
Guest
(Expert) 25 October 2016
Background/ case history of the case is wanting.
Kumar Doab
(Expert) 25 October 2016
Agreed with experts.
monty lamba
(Querist) 26 October 2016
Dear All,
As per my littlebit knowledge
1. Suit for partition without cancellation of sale deed maintainable
Partition suit without prayer for cancellation of sale deed is maintainable and the question of limitation of 3 years not applies from the date of alienation As the plaintiff is not eo nomine a party to the sale-deed, it is not necessary for him to pray for cancellation of the sale-deed
2. Suit for partition - It is only the co-sharers and not co-occupiers who are necessary parties - Co-occupiers are not necessary parties and for their absence, suit cannot be dismissed.
Dear All,
please share your valuble advice this ok or not
Guest
(Expert) 26 October 2016
Surprisingly, you have filed a case, but say "as per littlebit of my knowledge"! You should have full knowledge, if filed a case.
Is it your real case or a hypothetical academic query?
By the way, what is the advice of your own lawyer in the case?
Surrender K Singal
(Expert) 26 October 2016
Partition of lease hold rights from DDA..is it
Kumar Doab
(Expert) 26 October 2016
What is the opinion of your counsel?
monty lamba
(Querist) 26 October 2016
Dear P.S.DHINGRA SIR,
This my real case filed a tis hazari Courts,Delhi
fact of issue below:-
Hon'ble Court this suit for medician cell.
Mediater ask me why are you not made DDA as a party and secund thing ask me why you not prayer for null and void GPA, Agreement to sell, and receipt of money all un-registered without WILL.
my self prepare the plaint and appear in court with a junior lawyer (due to financial problem) with your advice and self surch filed proper reply.
Sir any oppourtunity reply to mediater on NDOH or back to court for trial.
please advice.
Rajendra K Goyal
(Expert) 26 October 2016
Now you / your lawyer should discuss in detail with some senior lawyer.
Guest
(Expert) 26 October 2016
Can be advised on examination of case related documents.
Kumar Doab
(Expert) 26 October 2016
LCI Expert Mr. R.K.Nanda, Dr.J.C.Vashista are from Delhi.
If you wish you may approach them and benefit from their counsel.
Rajendra K Goyal
(Expert) 27 October 2016
You may proceed as advised by the expert Kumar Doab.
