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Property Division, lawyer not responding Sec 151- U/O21R18 Hindu


20-Oct-2023 (In Civil Law)
My dad constructed a house using his retirement funds and some funds from his ancestral property sale. My brother filed a civil case in 2015 to claim inheritance rights when my father told us he wrote a Will to divide into 4 portions (father, mother, brother and myself). The Senior Citizens Act could not resolve the issue and my father passed away in 2018 fighting the civil case. The verdict thereafter was to divide between my mother, brother and myself. My mother has been living with me in Canada since she feels unsafe to live with my brother and his family. After the verdict In 2019, my mom decided to transfer her share to me. I paid advocate fees plus advance requesting property division through court. Since last 10 months, the advocate is not responding to Whatsapp messages or phone. I googled and figured tracking case status online which has been saying "Notice" or "Steps" since last few months. Not sure what this means. Any advice for our situation would be helpful. Thank you
Answers (3)

Answer #1
729 votes
Notice means notice is issued to your brother that regarding the case filed for measuring the property and division, steps means in order to proceed further in respect of issue of notice when notice is unserved etc to get it reissued or to to steps to appoint a commissioner for measuring and division of property, further from March 2020 the courts are not working properly and in respect of notice etc there was problem due to covid and hence just cases were postponed date after date.
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Answer #2
706 votes
The case is not being fallowed up regularly. The Procedures in the case are not being complied. The case is idle. The procedures have to be complied so that, your case will be taken forward. Regards
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Answer #3
910 votes
Have you challenged the verdict? Has your brother challenged the verdict? If not, then your mother can transfer her share to you. If the verdict was given, why have you filed another suit for division of property? Is some physical division required? If it's one property, you can sell and divide the money too. 'Notice/ Steps' means that Summons has been issued by the Court to the Defendant, and the lawyer has to make payment for it. If it gets served, then the Defendant has to come to Court on the next date.
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