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Family inheritance property Dispute between two brothers
18-Feb-2025 (In Property Law)
A property owned by my grandfather was to be distributed among 2 sons A and B(both dead). A has a son, the plaintiff. B has a son(me) respondent.
The parties do not agree upon a single way of partition(map). A case was filed in lower court and dismissed ex parte as B did not appear in court for all hearings. Another appeal by A in high court, next hearing on 14.05.2025. notice says that judgement will be given even in absence of B, what to do now? I am poor and do not have the resources to fight
Since the property was inherited by both A and B, their legal heirs have equal rights. The plaintiff (A’s son) has filed an appeal in the high court, and since the lower court dismissed the case ex parte, you must participate actively in the appeal to defend your share.
Even if you lack financial resources, you can seek legal aid from government-appointed legal services or pro bono lawyers. You should file an application requesting your side to be heard before any final judgment is passed.
If the partition plan is disputed, you can argue for a fair division based on succession laws applicable in your jurisdiction. If you were not given notice in the lower court properly, you may also challenge the ex parte dismissal.
For further consultation, you can find me on Google.
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Adv. Vishesh K Sapra
Delhi | 25+ Answers
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