Necessary party
rathod murtza
(Querist) 23 June 2019
This query is : Resolved
My mother mariyam, aunt zara and uncle ashif are brother sister. They had land property of ancestor. My mother and aunt want title suit against defendant who are take our property. But my uncle do want any suit and property. So my mother and aunt want suit in court. Is affected non joinder of necessary party when uncle do want to join as party ? What is remedy for it
Sudhir Kumar, Advocate
(Expert) 24 June 2019
your uncle will be necessary party in this case as he is stake holder.
Dr J C Vashista
(Expert) 24 June 2019
Your uncle (mama) is one of the legal representative of his father (your grand-father/ nana), .
he is one of the necessary party to the suit.
Contact, consult and engage a local prudent lawyer for better appreciation of facts/ records, analyse, guide and proceed professionally.
However, if you are located in Delhi and feel so, may contact me with relevant records (on appointment) at: Chamber No 647., Dwarka Courts Complex, Sector 10, Dwarka, New Delhi-110075 Cell # +91-98911-52939 email: majjagdish@yahoo.com or visit: www.vakil-saab.com
SHIRISH PAWAR, 7738990900
(Expert) 24 June 2019
If your uncle has any objection to the property transaction in that case your uncle will be party to the suit.
M V Gupta
(Expert) 01 July 2019
your mother and aunt may file the suit against defendants, who are stated to have taken over the property, and add your uncle as proforma defendant since he is not willing to join your mother and aunt to file the suit.
R.K Nanda
(Expert) 02 July 2019
nothing more to add to above replies.
P. Venu
(Expert) 06 July 2019
Yes, if your uncle unwilling, he could be joined as a proforma defendant.
