I have filed a case in District Munsif court under specific relief seeking cancellation of the settlement deed, since it was taken from my father who on the day of registration was admitted in the hospital. My father died on 2021 and I came to know about the alleged settlement deed on August 2023 i filed a suit on october 2023 with the medical records showing that my father is on hospital on the day of execution of settlement deed and the suit got numbered on 20th october 2023 and the first hearing was on 30/11/2023. Meanwhile i have given a private complaint with Judicial Mgistrate for registration of FIR and my brother(defendant) was aware of it too. I have sent a notice to Sub-Registrar to not do any transactions involving the survey numbers mentioned in the settlement deed because the settlement deed is disputed before the court, and in the private complaint before JM sub-registrar is one of the accused. Meanwhile i came to know that my brother is trying to dispose the property, so I found out the buyer whom my brother is trying to sell it to and I have sent a legal notice to the buyer through my lawyer to not do any transaction involving the survey numbers mentioned in the settlement deed and transfer of property act section 52 bars my brother from selling any property and the buyer recieved my notice and signed acknowledgement too. But despite my notice buyer went ahead and bought the property on 10/11/2023 from my brother 1 month post my notice.
And also the property is undivided/partitioned. It has several co-owners, and the settlement deed by my father mentions only survey numbers and no boundaries or sub divisions, another one of the co-owner along with my brother also disposed the properties in the same survey number. My fathers settlement deed mentions only survey numbers and no sub divisions. And another co-owners sale deed has survey numbers mentioned in my fathers settlement deed. The property is not divided by metes or bounds, it is just mentioned like one fourth belongs to , two thirds belongs to etc.
My question is.
1, If i insert amendment and bring in the buyer and another co-owner, will the disposal be reversed in final decree.
2, Can i take any action against the buyer for violating legal notice(the buyer did not even reply to our legal notice) apart from being added as a defendant in the ongoing civil suit.
3, Can another co-owner who disposed the property along with my brother be added as a party.
4, For example survey numbers in my fathers settlement deed reads as 1, 2, 3 etc. The sale deed which the co-owner executed reads as 1/1, 2,1, 3/1 that is it is present along with the sub division but my fathers settlement deed does not have any sub-division. If i get a decree of null and void in my favour, will the sale deed executed by another co-owner will also be subjected to the decree, since their transactions also involve survey numbers 1, 2, 3
