Partition suit (important query)

This query is : Resolved 
 

(Querist)
24 May 2015

Sir, My father's elder paternal uncle by playing fraud, behind our back got the self acquired land of my grandfather transfered on to his name through a notarised affidavit which is an invalid transfer. After getting my grandfathers property mutated onto his name my elder paternal uncle sold the said property to various vendee's (Ten plots) after diving the said property into residential plots. Those ten plot owner's (1st Vendee's) who have purchased the said (ten plots) plots intially from my elder paternal uncle have all sold their plots to a resort owner (2nd Vendee) My father along with all the legal heirs of the family who are entitled for a share in my grandfathers jointly filed a partition suit making my elder peternal uncle as defendant No 1 and The resort owner as defendant owner 2 (2nd Vendee), we have not not made the 1st vendee's (Ten plot Owner's) as parties or defendants to the partition suit, who have intially purchased the plots from my elder paternal uncle without our knowledge.Since my elder paternal uncle is the kartha of the family post my grandparents death, As my elder paternal uncle was holding and taking care of the joint property on behalf of the family. All the legal heirs are deemed to be in joint possession and a suit for partition is filed.


My questions for all your honarable members are as follows:

1) will my suit be bad for non-joinder of necesscary parties for not making the 1st vendee's (Ten plot owner's) who later sold it to the resort owner ?

2) Is there any judgement which covers up situvation/case and not making the suit itself bad for non-joinder

3) The suit is at very intial stage its coming up for arguments in the stay petition(Interlocutary Application).Will i be advised to get the pliant amended making the 1st vendee's (ten plot owner's) as defendants to the partition

4) i have reliably learnt that there is judgement with covers up my case from being dissmissed for non-joinder of necesscary parties

5) I am a junior advocate, kindly advice me on the said case. Thanks in advance to all the honourable members here


MANOJ HARIT (Expert)
24 May 2015

1. Let the Defendants come up with the issue of non-joinder.
2. Even if it is raised, try to defend with suitable citations.
3. If the Court rules otherwise, amend the plaint.
4. So basically u r at no risk stage now.


sreekanth (Querist)
26 May 2015

Monaj Sir Kindly share if there are any caselaws/judgements in support of my case which you have come across.

T. Kalaiselvan, Advocate Online (Expert)
29 May 2015

For case laws or citations you must do your own home work, they are not provided here.

Rajendra K Goyal Online (Expert)
02 June 2015

Case law/ citation not provided.



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