Civil Procedure Code (CPC)

Civil suit - non joinder of parties


hi,
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.
 

 
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Advocate

Please indicate whether you are fighting the case yourself, or through a lawyer?

 
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I don't think the wife is either a necessary party or a proper party.

Non-joinder of a proper party is not fatal to a Suit while of a necessary party is.

The transfer of property in the name of the wife is invalid pendente lite.

The Suit is to continue uniterrupted.

 
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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 basu_kunal@hotmail.com for any further legal queries you might have regards your case.

Regards

Advocate Kaybee


Total likes : 1 times

 
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Advocate

nothing to add more.
 
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