Clarification on legal formalities followed in a partition suit

Anonymus (Querist) 27 October 2014 This query is : Resolved
I have filed partition suit on August 2014 for my ancestral property. My father was the only son. All the property was inherited by my father from my grand father. my grandfather is not alive. My grandfather had made those property on his own(self made). Now my father wants to give everything to my brother and is selling land without my knowledge. We are family of 2 brothers and 3 sisters.

I need clarification regarding my case. 3 dates are already gone. They did not attend the first two hearing and I have proof that the summon was delivered to them. On the 3rd date they have given their reply. 4th date is due in next month.

My lawyer suggested that on the next date, on my behalf, my lawyer will produce some application (I am not able to describe you the legal term), which is to go for settlement. court will give us a 60 days time for settlement/out of court settlement.

I want to know if this is the normal process. Or am I missing on something…should I follow this and wait for another 60 days for settlement.

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Guest (Expert) 27 October 2014
Hope Some Anonymous could come forward to Reply You.

Anirudh (Expert) 27 October 2014
If it was your grand father's self-acquired property, then in the hands of your father it is his private property (not ancestral property).

Therefore, your father being the absolute owner of the property has every right to do whatever that he wants to do with the property. In his wisdom, if he has given it to your brother, and selling some assets, he is well within his legal right to do so. NOBODY (including you) can object to it.

Your suit for partition has no force. Even nothing will come out of any settlement - so long as your father is not willing and ready to give you something. If your father decides not to give you anything, you cannot force him, even by approaching the court.

Your lawyer might have told that he will be filing Interim Application (I.A. for short).

Guest (Expert) 27 October 2014
Dear Anonymous,Rightly Made For Each Other Please

Anirudh (Expert) 27 October 2014
Yes, not fits and unfits are avoided.

Guest (Expert) 27 October 2014
Dear Anonymous,Very Good English Bye Bye

Anirudh (Expert) 27 October 2014
Sophisticated way of telling, I have no answer, I am running away.

Raj Kumar Makkad (Expert) 27 October 2014
None of the experts should try to show his supremacy here.

As it was already decided not to attend the anonymous queries so one of the experts has tried to remind another about that decision and even then if the query has been attended, no reaction could have come.

Anyway, the query has rightly been resolved by Anirudh.