Satish (Student) 20 December 2014

Can plaint modify original suit (o.s) filed in civil court.

My Grandfather is having 3 sons and 5 daughters and he was having 20 acres of land from his father. In 1978 my grandfather, after some dispute with one son released a share of 5 acres for which my grandfather (Now he is dead and he did not write any will), and 2 sons signed it. None of the daughters signed on that release deed. Later the remaining 15 acres were shared among by other 2 sons.

My Mother and one more sister filed an Original Suit (O.S) in Bangalore (Year 2008 and still in hearing stage) for share in Ancestral Property. They filed a suit against only 2 brothers who are having 15 acres of land and also mentioned in O.S that the other brother got land through a release deed and he is not a part of the suit.

I need clarification below on points:

1. Can we change/Modify the suit by including the other brother who is having 5 acres of land into this suit?

2. Later the other 3 sister's also joined the case and what will be their claim in this case.

Also give me a detailed explanation on how can we include the other brother who is having 5 acres of land. I need you help for this particular question in details and different ways.

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3 Replies

P.V.V.Gopala krishna murthy (SENIOR ASSOCIATE) 20 December 2014

first and foremost the property is ancestral property, so all the joint family members have vested rights by birth in the joint family........ irrespective of their gender and either male or female and irrespective of their marriages and age.

your grand father has three sons and five daughters therefore all the eight persons have equal rights over the entire property...........

incidentally as per the information provided by you, your grandfather has executed release deed in favour of one of his son, legally that release deed is not binding on the other joint family members as the any release deed or alienation or transfer of the joint family property by the manager or kartha of the joint family is not binding on the joint family members at all. you grandfather has no right to execute release deed in favour of one son excluding the other legal heirs and break the natural succession. since the property derived from your great grandfather, your grandfather has no power or authority to do so.

point No.1

in view of the above, you can modify the plaint by way of filing the petition for amendment of pleadings under order 6, rule 17 of CPC, but there are certain limitations under said provision for seeking amendments. after commencement trial, the court may not accept the amendment, but you need to show sufficient reasons for amendment and further in spite of your due diligence you have not brought in to the notice of the court about certain crucial facts etc., to the satisfaction of the court. then the court certainly accept to amend the pleadings.

point No-2

yes..you can made the other brother of you mother as a party to the suit and modify the pleadings after arraying him as party and you can seek his impleadment as party to the suit by filing a petition under order-1, rule 10 of CPC

point No.3

all the sisters have equal share and right on par with the male members of the joint family and hence all members (male & female) will get equal shares as per Indian Successoin act and Hindu Succession Act

Satish (Student) 21 December 2014

Thanks a lot for your detailed answer Sir. Again asking for same question for double confirmation. 1. Can my mother and sister modify the plaintiff of O.S. which was initially filed that 1 brother got land thru release deed and he is not a necessary party. 2. Now can we include him to this suit and the properties got thru release deed. Is it possible. 3. We filed our case on 2008 and it is issues stage now.