Ms. A (original owner, deceased around 1960) had gifted a residential house in Uttar Pradesh through a registered deed to her three relatives Mr. B, Mr. C, and Mr. D. Subsequently, Mr. B gifted his entire share to Ms. E through a registered deed. Mr. B later settled in Canada, lived there for several decades, and died in 2022; his official Canadian death certificate is available. Ms. E also passed away in 2024, leaving behind five children (Mr. F, Mr. G, Mr. H, Ms. I, Ms. J), who are all in joint possession of the entire house and are cooperating. Mr. C has also expired, leaving behind wife and sons (details not fully known, residing in another state), while Mr. D is alive and residing in Nepal. The children of Ms. E now intend to file a declaratory and mutation suit in Uttar Pradesh court strictly limited to Ms. E’s share based on the clear chain of title (Ms. A → Mr. B → Ms. E → her children), seeking fast recognition and mutation in their names, while intentionally keeping aside the shares of Mr. C and Mr. D to avoid delay due to non-availability and cross-jurisdictional issues. The query is whether this limited-scope declaratory strategy is legally sound for obtaining early mutation without detailed impleadment of all co-owners.
