paritiion suit pending at court in thane betweeen two brothers for a ancestral property in district court .case is in trial phase. the brother that is already living their with family, has got the records mutated to his name illegally few years back.
inspite of this while case is pending, he had transfer some properties to his wife name..
will this name transfer cause any action of non joinder of parties where the court will ask to include the wife as party to the suit as well.?
will this be some kind of delay tactics played by the defendant ? why would someone take such action at this point of the case.
Unless specifically directed by the court, the wife is neither a necessary nor proper party. If the court directs the wife to be included as a proper party it is not fatal, unlike a NP.
Regards your other query, while the case is pending (lis pendens u/Sec. 52 TPA), your brother is restrained from transferring the disputed property to any vendor or third party. Your brother would do well to remember that a separate case would be filed against him for transferring the property without the court's consent.
You may contact me at firstname.lastname@example.org for any further legal queries you might have regards your case.