vijay kumar (Tutor) 18 July 2023

Filed an intervener petition in a title suit to be impleaded as a party. in need of help.

My sibling has filed a title suit on ancestral property which was sold by a third person through fabricated documents.
My sibling filed a title suit and claimed that he is sole owner of property and did give the names of other legal heir.
My sibling is fabricating documents. The property was self acquired property of my grand parents.
I had filed an intervener petition in a Title suit for impleadment of my my name as plaintiff through a Lawyer.
The magistrate junior division did not grant the relief and directed the name to be added as defendant.
My lawyer incorporated the name as defendant. Is there any way to get my name listed as plaintiff or I have fight as defendant.
I do not have problem with suit or matter of the suit itself except for my name not mentioned or listed as plaintiff.
I have nothing more to add or say that I have already mentioned in my intervener petition. As a defendant what should would be appropriate written statement ?
Please guide me. I will be thankful if any learned Lawyer would help me with drafting written statement or give me an approximate format I would be forever thankful.
Regards.

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6 Replies

T. Kalaiselvan, Advocate (Advocate) 19 July 2023

You can be added as a defendant only and not as a plaintff.

The court is right in its decision to add you as a defendant.

For filing written statement you have to engage an advocate either from this forum or outside on the terms of payment of the chosen advocate.

Dr. J C Vashista (Advocate ) 19 July 2023

Consult and engage a local prudent lawyer for contesting the case after impleading you as defendant.

Real Soul.... (LEGAL) 19 July 2023

You can calim the rights in roperty as defendant, you should also submit a counter claim along with written statement.

Shashi Dhara 19 July 2023

What is your contention ,who sold that property to whom ,who fabricated it ,who's ancestral property was sold ,why your sibling filed title suit ---???!!!

vijay kumar (Tutor) 21 July 2023

@Shashi Dhara

The property belonged to my grandmother. and my grand father. My grandparents died without any will and same with my parents. 30 years ago Both my grandparents were paralayzed and died infront me and my parents.

10 years back My extended relatives 4 generation back sold the property by fabricating the documents.There after my elder full blood simbling filed a Title Suit, claimed whole property to be his owns without making other siblings party to it.

Upon coming to know I filed Intervener petition though An Advocate. After two years Ex parte order was passed to implead the name as defendant.

@T. Kalaiselvan, Advocate, @Dr. J C Vashista

I had engaged a lawyer, i was mislead and he did not represent me despite taking the fees. Hence I am here seeking infromation and suggestion. Meanwhile I am also looking a good civil lawyer at district court.

@Real Soul.
What is counter claim and how to file it. Is there a time limit to file W/S as I am having trouble find a good civil lawyer.

Shashi Dhara 21 July 2023

After the amendment is carried out as impleading as defendant then file your written statement ,if you are not satisfied with your advocate then you have right to change advocate.