651+ Lawyers are online 
Legal Procedure in case one of the legal heir not ready for division
28-Oct-2023 (In Property Law)
We have ancestral property lands. Everything is in Joint among 10 brothers. Nine brothers are willing for division. But one brother and his sons is not willing for division. And has taken hold of entire lands and making profit. They want the entire property as it is in joint by not signing the documents. Is there any way that we can claim it. Other than going to court.
Any one or more of you have to serve a notice for partition on him, and await for a reply from him. Even without such a notice, yo can file a suit for partition, all the rest can be made defendants. Get certified copies of all the properties and annexe as documents.
Helpful?
25+
25+
Adv. S.K Prabhakar Shetty
Bangalore | 500+ Answers
Chat
What is the meaning of awaiting notice?
The court is waiting for the defendant to receive the summons. This is what is known as the "service of summons" in technical terms. 21-Jan-2021
What does it mean when a court issued a summons?
In law, a summons is a document issued by the court to a person ordering them to appear for a certain purpose at a particular time. The summons can be sent directly to the individual or to an officer of the law who is responsible for carrying out the instructions.
How many days before summons is issued?
The court in which the case is pending will issue summons to the defendant for his appearance and the opportunity to respond to the claim of the plaintiff. Summons can be served up to 30 days after the institution of the suit. Each summons must be signed and sealed by the presiding judge or his officer.
Can summons be ignored?
The individual should not avoid appearing before the Court under any circumstances. The Court can issue a warrant for contempt if the person fails to appear after being summoned. 05-Dec-2022
Opinion:If, It is joint family property and any one brother is not interesting for division among the legal sharers, then, there is no further option except approaching the court.Or you can try for amicable relief under panchayath by well wishers.
Helpful?
17+
17+
Adv. Chandrashekara Reddy K N
Bangalore | 100+ Answers
CONTACT NOW
File for a partition suit at civil court in your place by issuing a legal notice to the brother. You all 9 brothers have to join together and file the suit by roving that the property is an ancestral property and everybody got right in it which cannot be denied to any one as per law. Consult any advocate.
Helpful?
16+
16+
Adv. Rajesh K.S
Bangalore | 500+ Answers
Chat
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.
Connect with top Property lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
