Declaration suit
Adv. khojraj Dhanraj Nerkar
(Querist) 14 April 2012
This query is : Resolved
A purchased a half of the land vide sale deed no 1 and B purchased another half part of the same land vide sale deed no 2,
there is also sale deed no 3 in favour of C executed even prior to sale deed no 1 and 2, which is of the total land and is illegal,
A and B wants to file a suit for declaration and injunction and to challenge the sale deed no 3,
whether A and b shall have to file 2 different suits? or can file a single suit jointly ?
whether declaration is right in rem or persona ?
V R SHROFF
(Expert) 14 April 2012
All declaration is right in persona . Only Registered Sale Deed is right in rem ?
File Suit for Specific performance ,
Let yourself be unaware of sale deed no. 3.
Ger no1 & 2 registered, and take possession.
ajay sethi
(Expert) 14 April 2012
you have stated sale deed No 3 has been executed prior to sale deed 1 and 2 in favour of C .
was this sale deed registered
M/s. Y-not legal services
(Expert) 14 April 2012
yes., mr.ajay's quwstion is right..
if the sale deed no.3 is registered mean you dont have a merit case..
a new sale deed can not affect any right over the earlier sale deed regard the same property..
-tom-
Adv.R.P.Chugh
(Expert) 14 April 2012
1. Registration of the respective sale deeds is important, because a registered document relating to land has priority over unregistered documents (S.50 Registration Act).
2. Declarations are always in personam - against parties/their representatives in interest.
3. As regards joinder - both can join in the suit to challenge that sale deed. Joinder of Plaintiffs as provided in Ord. 1 R 1 of the CPC - allows such joinder - when the same act/transaction of Defendant has given a right to plaintiffs to sue, they can sue either together or individually also.
prabhakar singh
(Expert) 15 April 2012
All declaration is right in persona .से सहमत हूँ
Only Registered Sale Deed is right in rem से असहमत हूँ, यह केवल पब्लिक नोतिसे का काम करती है न की पक्षकारो के अलावा किसी और को वाद्य करती है .
Adv. khojraj Dhanraj Nerkar
(Querist) 16 April 2012
dear all,
thanks for reply,
to Mr. Shiroff in my case sale deed of A and B is executed and registered and also the possession is with A and B.
to Mr. tom though the sale deed is executed and registered it is illegal on other grounds...
and thanks to Mr. Bharat, for explaining Order 1 Rule 1 to my satisfaction...
once again thanks to all....
