It is necessary that all the original parties are to be added as parties to the suit. Simply making the GPA party with all the principals will not be valid legally. Make all siblings party to suit that is the correct procedure. A suit against GPA is not maintainable.
Necessary Parties to a Case - GPA Holder
I want to file a case against five siblings and one of the siblings is the GPA holder of the other four remaining siblings, as they jointly hold the share of their late father in a property. Is it sufficient to file the suit against the sibling who is the GPA holder? Or do I have to make all five siblings as party to the suit? An advocate already sent me a draft of the plaint with only the one GPA holder as the party. However, within the body of the suit (in the paras themselves) he has mentioned that the one sibling is GPA holder for all five. It seems wrong to me and I wanted to know whether the other four siblings need to be specifically made party. Please advise.
Asked 3 years ago in Property Law
Religion: Hindu
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8 Answers
It is advisable to make all siblings party to the suit
siblings are formal necessary parties to the suit
although if one sibling is POA for other siblings it is sufficient if you make him party to the suit
Dear Sir/Madam,
1. That depends on the nature of the suit. If it is a partition suit, then all siblings will be a party, if not you may file only against GPA holder.
2. you need to confirm if the GPA holder works for all 5 of them. Normally, that will not be the case.
3. Please let us know about why the suit is being filed to help you
Thank you
God Bless
In case of Kasturi versus Iyyamperumal, the two test have been provided for determining the question whether a particular party is a necessary party to the proceeding OR not:-
- There must be right to some relief against such party in respect of the matter involved in the proceeding in question; and
- It should not be possible to pass an effective degree in the absence of such a party.
Ideally, you should make all your siblings party to the suit. All your siblings are legal parties to the suit. The power of attorney can be used only after the institution of the suit .
All persons, against whom right to relief in respect of an act or transaction or series of acts or transactions, accrues in favour of the Plaintiff in a suit may be joined as Defendants. The test is whether against such persons (Defendants) common question of fact or law would arise in case separate suits were brought against them
He may be the goa holder but the suit has to be filed against all the legal heirs/title holders of the property. They may choose to reply through the gpa holder.
You cannot decide these things. It is for the opposite parties to decide whether to reply through the GPA holder or individually.
The other siblings have given POA to one among them, however they still remain your siblings agaisnt whom you are seeking the desired relief through court of law, hence all of them have to be impleaded as necessary parties to the suit, the POA may represent all of them as their representative in the court.
It is incorrect to file the suit agaisnt the GPA alone, it ma not be maintainable, the suit would be dismissed for non joinder of necessary parties to the suit seeking relief of partition or whatever if the other siblings are also liable to anser your problem.
all 5 siblings have to be made parties
- You should file the suit after making all the siblings as party , and not only on the GPA holder .
- However, the said GPA holder can appear before the court on behalf of other siblings , but you will have to file the suit against all the siblings
