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Mahesh kumar Orchu (student)     10 May 2023

Hindu succession act and court proceedings

Greetings for the day,

Sir

We are from the respondent in a case; Respondent Acquired the Rights of Ownership on scheduled property through Hindu adoption act.  As of now we completed Chief and Cross examinations, Further Evidences. The Arguments are going, in this stage the petitioner (he is also adopted son) Filed implied petition by bringing (his biological sisters).

Here My Questions are

  1. Is the Hon’ble court allowing I.A at this stage?
  2. If court is not allowed this petition, what are the steps may taken by petitioners.
  3. Respondent Executed a Sale Deed 12 years before facing the case is there any Effect on the present Absolute Owners.

Kindly provide your Guidance

With Regards
O. Mahesh Kumar

 



Learning

 6 Replies

Adv. Mohit Chahal (Advocate)     10 May 2023

Dear Querist

1. Yes
2. Appeal
3. If the Court allowed the case of plaintiff , then the Recovery suit may be filed against you by the purchaser.

Feel free to contact for further clarifications.

Regards
Mohit Chahal
Advocate
WhatsApp No. 9968911099

https://mohitchahaladvocate.business.site


....

T. Kalaiselvan, Advocate (Advocate)     11 May 2023

The court can entertain the application filed under order 1 rule 10 seeking to implead the proposed parties if they are found to be necessary party to the pending suit even at the stage of final argument.

Mahesh kumar Orchu (student)     11 May 2023

thank you sir

T. Kalaiselvan, Advocate (Advocate)     12 May 2023

You are welcome

Niharika Lohan   13 May 2023

Hi Mahesh, I'm Niharika Lohan, an advocate practising in New Delhi. I've read your query and here is my take on it.

1- the Court by its inherent power vested under sec.151, CPC can pass I.A. at any stage of the suit.

2- the only remedy of that is by way of revision.

3-there shall be no effect of the said execution, unless court specifically orders in this matter. The doctrine of liz pendens (pending litigation) shall also come to your avail.

I hope this information helps. You can contact me for further guidance at niharikalohan@yahoo.com

Dr J C Vashista (Advocate)     14 May 2023

Even while final arguments are in progress either of the party to lis may file an IA, the court is bound to dispose it before conclusion of final arguments.

Application u/o I Rule 10 CPC to implead biological sister is not a necessary party in a lis pertaining to the property acquired in adoption rights of the defendant as such application is not maintainable and shall be dismissed with costs for filing frivolous application and delay tactics. 


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