Mother died without preparing Will how is the property divided now
24-Sep-2023 (In Property Law)
sir property in name of my mother (died in 1995) and not to make any will to any body and left my father, younger brother and me, i filled as case and settled in mediation (as per instruction of judge) finally divided as floor wise as Ground to father, 1st to me & 2nd to younger brother and after nothing write any person right but verbal decide as commonly used for roof of 2nd floor and clearly mention me & brother are owner of own possession. this time father & younger brother not live me or not sale of my possession and always fight with us and they make 3rd & 4th floor in this property without asking me. before 6 month i filled a civil case for the same matter but after some times judge passed a order as dismissed the case and say owner of all property is father, how is possible and i shocked for the same and my lawyer say that he filed the appeal for the same or filled a new case of partition of floors. please help me and tell me what i do for the same matter.
From the facts as described by you, your lawyer is doing the right thing by filing an appeal and asking for partition of the new floors. Have faith in him and continue with the proceedings as he suggests.
Sir, the filing of an appeal appears the right way forward in your case. However only after a careful examination of your case file can any definitive conclusion be arrived at. The settlement arrived at through mediation ought to be abided by the parties and the courts will enforce the same
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