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We filed partition suit and advocate changed side how to get our share


02-Feb-2023 (In Property Law)

The partition of property to my grandfather assets. We are the two sons of the died grandfather's daughter. That is the grandfather had two elder daughters and one son.My mother also died. There is no will according to my grandfather death. My uncle prohibited to get legal partion. But we agree for small share but that also not offered to us. So we filled a suit against them. But the lawyer had gone to their side and the case was suspended without our knowledge. Is there any legal advice how to pursuit a case to get our morhers share from them?

Answers (2)

Answer #1
537 votes
As per your contention you and your siblings have right to the share of your mother's entitlement in her father's property who died intestate.
Though you have stated to have filed a suit, you have not stated what is the nature of the suit, assuming it to be partition suit, whether the same has been disposed by court, if so what is the disposal details. Do you have the relevant case papers with you?
If you dont know the details, you may ask your advocate the following details:
1) case no.
2) name of court
3) name of parties (both sides)
4) nature of suit (partition or injunction or what)
5) status of case
6) if disposed, date of disposal,
6)if dismissed, then why?
7) if has been decreed against you, whether an exparte decree or contested decree

Collect all the above details and revert with further questions for more proper opinion to your query.
Answer #2
848 votes
Sir/Madam,
it is so unfortunate to hear the advocate appearing for you was biased. Don't worry. Anyway, that will not stand in the way in pursuing your further remedies through an another counsel. first, you please ascertain the position of your advocate in representing your case. if you are not satisfied with his conduct , then get a change of vakalath from him and hand over the case to some one you trusted. if he refuse to given a no objection, then you can very well file an petition to revoke the vakalath already given by you to your counsel.
secondly, in case, your case was dismissed or set as expartee for his absence. you can recourse the same with another advocate. remedies are provided under the law at all the stages of the case.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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