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amitabh kumar Mitra   08 August 2017

Delay in Partition due to intentional absence of opposite party

I am Amitabh Mitra, residing currently in Gujarat with my wife and kids, I have been out of my parental house (in Uttar Pradesh) since the starting of my career around 30 years ago. Now the issue is regarding the accusation of the parental property. This property was bought and was in Father's name and he has not transferred the ownership to anyone before his death in 1982. After the death of my mother in 2011, with mutual consent I along with my younger brother and sister filed a notary under government of UP regarding the partition of the parental house into 3 equal divisions and also authorised the division map by Municipality Nagar Nigam of Lucknow in 2012.
Now it was decided that one among 3 siblings will shoot a case of diving the property in lower court and other 2 will accept it. Now this was done by my younger brother whose is currently residing in same property, now everytime the court gives the date, neither my younger brother nor my younger sister appeared before court. Atlast after 4 years in vain, I filed a partition shoot in lucknow court in 2016, both have received the court summons 4 times till date but none appeared.. This issue which could have been easily resolved is unnecessarily lengthen due to intentional absence of my younger brother and sister. Please guide my path, I will be really thankful to you all.


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 1 Replies

vivek mitra   14 August 2017

Can anyone pls provide a solution to the above case

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