Legal Question in Civil Rights Law in India

AB had filed a suit for specific performance of property against XY. But PQ was co-owner of property but was not a party to the agreement executed between AB & XY .. so 1/10 application has been filed by PQ for joining as party to the suit under 1-10 of cpc. But the said 1-10 application has been rejected by the court... so shall PQ go for appeal against it. what will be the relief PQ will get??


Asked on 2/02/13, 3:24 am

3 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

02.02.2013

Dear Sir / Madam,

(Vishnunagar, Kalyan, Thane)

In view of the rejection of PQ's claim for joining as a party by the Court, the only option for PQ is to get his 1/10th share of the sales proceeds of the property from XY in proportion to his capital contribution with XY, as at the time when XY and PQ acquired the property.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

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Answered on 2/02/13, 4:04 am
Jayesh Desai Jayesh Desai

PQ would not be bound by the order, after he was not made a party, if any passed by the Court. He may file an independent suit seeking declaration of his ownership rights.

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Answered on 2/03/13, 12:58 am
Sanjay Kalra Sanjay Kalra & Associates

Your question is confusing . If you need my advice then give names to AB etc.......Please check Sanjay Kalra and Associates on the internet to know more about your query and the legal services we are rendering for our clients from all over the World.

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Answered on 2/03/13, 11:00 pm


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