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Sai krishna (Agriculture)     27 February 2017

Partition suit- By Daughters on Ancestral land- Cross exm

Dear Sir/Madam, A Civil suit was filed by 4 daughters against 2 brothers and their mother on Ancestral agriculture land in R.R.Dist court. Currently case was in Defendants Cross exm stage. Now defendants harassing their mother and she got hospitalised by consuming poison and got discharged after 1 month. Now that the case was in cross exm stage of final defendant, they are threatening with help of third parties to the plaintiffs to get compromise , else face dire consequences. 4 parties(plaintiff) by fear are ready to compromise and 1 party is not interested. How should we proceed on this scenario. 1)Can the plaintiff( 1 party)gives her NOC to her son to fight case against defendents as she is worried that she may get attacked. Please help us on above case on how to proceed as the case is almost near to Arguments.


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 3 Replies

NATARAJAN IYER (Proprietor)     27 February 2017

In any civil case, Power of Attorney can be issued to represent.

But since this is ancestral land, the 4 daughters will always fight back since they have a legal share.

 

Threatening is criminal offense. Do not mix the two.

file a separate complaint, ask for police protection and submit a copy of the FIR to the court and say that there is INTIMIDATIVE TACTICS adopted by 

the opposite party, to FORCE A COMPROMISE.

Court will make a note of this.

 

SO, APPOINT TWO ADVOCATES.

 

ONE FOR CIVIL CASE

AND

ONE FOR HANDLING THESE CRIMINAL MATTERS.

Sai krishna (Agriculture)     28 February 2017

Thanks for your response sir. As per today's latest update, remaining single party out of 5 parties(plaintiffs/sisters) wants to compromise due to high level threats & calls from 2 defendants/brothers and his agents. We had a high priority query here. 1) Can the sons/ daughters (majors) of plaintiffs can implead in this suit to protect their mothers rights as this is ancestral property. 2)can any plaintiffs parties Son/daughter can hire a new advocate and implead in this civil suit without any NOC from their mothers/plaintiffs. Civil suit was pending from last 5 years and in final def cross exm stage.

Sai krishna (Agriculture)     28 February 2017

Thanks for your response sir. As per today's latest update, remaining single party out of 5 parties(plaintiffs/sisters) wants to compromise due to high level threats & calls from 2 defendants/brothers and his agents. We had a high priority query here. 1) Can the sons/ daughters (majors) of plaintiffs can implead in this suit to protect their mothers rights as this is ancestral property. 2)can any plaintiffs parties Son/daughter can hire a new advocate and implead in this civil suit without any NOC from their mothers/plaintiffs. Civil suit was pending from last 5 years and in final def cross exm stage.

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