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Maya Das   26 June 2019

partition matter

Partition case filed in Delhi High Court in 2019. 1/3 share. Two floor house. Three siblings myself elder daughter, middle brother and younger sister. There is registered will. Division of property is as such
I. Ground floor.... Unmarried younger sister. She is under possession of the ground floor. Staying alone.
ii. Ist floor..... Brother with family staying.
iii. Ist floor roof.... Elerder daughter (myself) not constructed till date. Staying sepately.
My brother constructed semi pucca in 3rd floor.
No mutation partition done.
Injunction case filed in District Court by both the sister. won the case. Mediation failed for out of court settlement.
Criminal case also filed for illegal confinement of both the sisters in ground floor for 10 hrs. No FIR filed by police.

My brother died (sucidial death) in the meantime. His wife left the premises (first floor) His legal heir is not responding/attended first hearing. It is presumed that they will not attend the Court.
Summon issued to them returned back.
Now my query is as under
I. What should I do. Continue case in High Court for a clear judgment. May be it is ex-parte.
ii. Criminal case not to withdraw.
III. Can we both sisters sell our share to builder. Third party approach to my brother's wife is going on to come to negotion table.
Please advice me Your Honour.
Regds.
Maya das


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 7 Replies

Shashi Dhara   26 June 2019

Compromise with Ur brothers wife along with Ur sister. Continuing criminal case is not good.settle amicably in Lok adalath.

Maya Das   26 June 2019

But my sister in law is not coming forward. She is the person who opposed amicably settle the matter. My brother wanted to settle the matter with us. Before taking his life my brother talked to me and apologised. I advised him to give statement in high court for amicably settled the matter. He agreed. My late brother went to Legal Aid branch of High Court for legal aid. I understood my brother's position. There was altercation with his wife for which he has taken this step. We never wanted this to be happen.
I am apprehended that she will not contest the case but I have to settle position legally.

Maya Das   26 June 2019

How can I go to Lok Adalat if my sister in law does not come at all

Shashi Dhara   27 June 2019

If not proceed the case and take decree for 1/3 partition

Shashi Dhara   27 June 2019

1/3eachu and Ur sister total 2/3

Maya Das   27 June 2019

Thank you for your valued advice

Navatheja   01 July 2019

My father earned some agricultural land on his own and he died without any will I have 5 sisters and one brother and one of my sister and my brother died and they both are married and have children now I want take that land by paying my sister's through partition deed but my late sister and brother children disagreed to sell their shares can I do partition deed without them

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