impleading(Order 1 Rule 10)

venkat reddy (Querist) 06 March 2010 This query is : Resolved
X gave a register GPA Agr.Land to his daughter Y in the year 1990 later inthe year 1999 X passed away in the year 2002 Y sold awy the property to Z through Agreement of sale cum GPA to Z.Now some third parties are disturbing the Z he filed injunction suit this has come to the notice to the son of the X now he want to implead in the suit please help me mail any citations in this context.

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Parveen Kr. Aggarwal (Expert) 07 March 2010
Yes. The son of X can be impleaded as a party to the suit if he claims entitlement in the property of his deceased father alleging that Y alone had no authority to alienate the property to Z. After X expired in the year 1999, the GPA executed by him in favour of Y became useless. So the property sold by her on the basis of that GPA cannot grant any right in favour of Z. The son of X being a necessary party may be impleaded.

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