Partation suit
ranjan
(Querist) 06 November 2014
This query is : Resolved
which is good idea, going for appeal or fresh file a case, if you are not the party to the case.The decree is against the person from whom i bought my property. I bought the property before the PS file and known only after the decree.
R.K Nanda
(Expert) 06 November 2014
state detailed facts.
ajay sethi
(Expert) 06 November 2014
if seller has supressed facts about decree been passed in case take legal proceedings against seller for recovery of your money
ranjan
(Querist) 07 November 2014
Facts-----
--Ram Singh acquired some land l1, l2, l3,l4,l5,6 from anscestoral.
In 1941--Pawan singh and wife of mohan singh purchased land M1,M2,M3,M4 from jaspal kurmi(third party) through registered deed 17564.
in 1960--gagan(son of mohan singh) sold some land to sohan(son of Pawan singh)---through registered deed 17613.
in 1970--pawan singh as kartha of the family sold some land(l1,L2,M1,M2) to wife of sohan and wife of shyam through registered deed 19654 and mutaion,tax done
in 1980--ratan bought some land(l3) from Sohan through registered deed 18675.
in 1995--krishna sold his part of land(L4) to Sohan through registered deed 20030.
in 2000--wife of sohan and wife of shyam give the GPA to Askoh kumar(third party) M1.M2,M3.
in 2001--Through GPA ashok kumar(Local builder) sold land M1, I get it regester from wife of sohan and wife of shyam deed 223454 mutaion,tax done.
in 2007--gagan and tapan sold the land M1 to third party prakash(local builder) through deed 23453 mutaion,tax done.
Family tree-----
------------------------------------ram singh--------------------------
------pawan singh-------------------------------------------------------mohan singh-----------
-Ratan--/-sohan--/-shyam-/-krishna-/-tilak--------------------------------gagan--/---tapan-----
Case-
in 2004 Ratan and his son filed PS with injection against sohan--/-shyam-/-krishna-/-tilak asking for deed 19654 should be cancelled as they donot have the knowledge about it.in 2013 court decree pass in favour of plaintiff and canceled the degree of 19654 against sohan--/-shyam- and EX-party krishna-/-tilak
Problem-
When i went in 2013 for fencing,the guy prakash objected that this piece of land belong to him and he saw me the deed 23453.
I consulted the person who has GPA ashok kumar , he did not helped any thingh on this . I stay in different city,very far from that land and known to few.I hired Ashok kumar lawyres from his suggestions and filed title suit without injection and without asking for possession against Ratan, his son and Prakash.Currentely case is in settlement of issue .it is running for last two years.
Lawyer suggestion earlier from internet and personal ---
Lawyer1.As i have hired a builder lawyer only, he is trying to safe gurd builder. He is telling put a new case against wife of sohan and wife of shyam and the builder also, those who are the sellers.
Lawyer2.You should have gone for appeal in the count againt this pS decree.as this decree has so many flaw.
Lawyer 3.My lawyer is in right direction , after the dclaration of Title you can go for execution proceedings.
Kindly suggest me .
adv. rajeev ( rajoo )
(Expert) 08 November 2014
If you are not a party to the suit then decree is not binding on you.
T. Kalaiselvan, Advocate
(Expert) 12 November 2014
On the basis of the registered sale deed in your favor, you can file a declaration of title, possession and injunction suit against the persons who objected to your occupying the property. The suit to which you are not a party will not bind you.
