Civil law withdrawal of name
preeti trivedi
(Querist) 12 July 2014
This query is : Resolved
respected wise people,
I am preeti ,i belongs to Hindu family we are four sisters and one brother
We have 65 hectare agricultural land of my grand grand father in Indore district
We four sister were fighting a case against the brother for property division of land according to Hindu succession act
One party is we four sisters and other one is brother
The case is running from 5 years still no conclusion. Due to this case i remains in depression whole time my son and daughter also suggest to keep away from case
now I want to withdraw my name from this case.
I am sister no 2
my age is 55
can I do so?
How could I do so?
If I do so, would I get my legal share on conclusion of case.
prabhakar singh
(Expert) 12 July 2014
The justice delivery system in our country is certainly too slow and can be blamed as 'justice delayed justice denied' but then, we should learn to live in a country like ours where we are short of resources in almost every field.We have less cops and less judges and a slow system which is conducive for only wrong doers,yet justice is delivered,hence the fine print would be not to get FRUSTRATED BUT TO ADOPT STRATEGIES TO CHECK DELAYS WITH CONSULTATION OF YOUR LAWYER.
YOU NEED NOT WITHDRAW FROM THE CASE.
MAKE AN INTELLIGENT PROGRAM OF FOLLOWING DATES IN CASE AS YOU ARE 4 SISTERS THERE TO DO IT.
GIVING UP OR WITHDRAWING MAY HAMPER YOUR RIGHTS.
Devajyoti Barman
(Expert) 12 July 2014
The delay of 5 years is quite common.
After fighting the case for so many years I would suggest you to delete your name any more.
Moreover even if you delete your name, other co-sharers can again apply for adding your name in which you have though option not to appear in the suit and fight the same.
preeti trivedi
(Querist) 12 July 2014
sir I don't have much of interest in property
I just want to leave peacefully
moreover my brother contacted me in between he want a compromise he says i am ready to give 10 hectare land to each one of us but my other sister are not agreed and i am ready for it, because its enough for my son and daughter
my sisters force me to fight case and i dont want
prabhakar singh
(Expert) 12 July 2014
THEN YOU CAN COMPROMISE WITH YOUR BROTHER JUST IN COURT.YOUR SISTERS CAN NOT INTERFERE WITH YOUR RIGHT TO COMPROMISE.AT BEST AFTER COMPROMISE YOUR SISTERS WOULD
TRANSPOSE YOU AS DEFENDANT IN THE SAME CASE.
IT SHOULD BE UNDERSTOOD THAT COMPROMISE ENTERED INTO AND RECORDED BY COURT WOULD LEGALLY REQUIRE REGISTRATION ALSO.
ajay sethi
(Expert) 12 July 2014
you can enter into consent terms with your brother . accept his offer of 10 hectares of land . file consent terms in court .
Rajendra K Goyal
(Expert) 12 July 2014
Enter compromise with your brother, agree with the expert prabhakar singh ji.
Devajyoti Barman
(Expert) 12 July 2014
Then you take the and and execute a deed of relinquishment in favour of your brother.
Raj Kumar Makkad
(Expert) 15 July 2014
You have rightly been advised on all aspects of your query.
preeti trivedi
(Querist) 19 July 2014
actually my brother has been cross examined now its our turn (prati-parakshan)
can u people tell me what would be next process by law
and in how much time after now we can come to conclusion from now.
can i refuse to being cross examined?
Raj Kumar Makkad
(Expert) 19 July 2014
No witness can refused for his cross-examination.
After conclusion of your entire evidence, the case shall be posted for leading argument.
preeti trivedi
(Querist) 20 July 2014
but can opponent advocate refuse to cross examine me as i have some problem and my brother says he would not call me for being cross examined
he says case is just near its end
Raj Kumar Makkad
(Expert) 20 July 2014
Nothing can be opined about the counsel for the opposite party. If it beneficial for him not to ask any question from you, he can very well do so.
