Brothers are not giving my share

Harvinder Singh (Querist) 02 May 2024 This query is : Resolved
I am fighting my Property case with my beothers in civil court.
I want that my brother's either pay me for my share of land in cash or if they don't have money, then they can sell the hole Property and pay me my share. Because if we divide the land in 3 part. It has no valueas the face of the Property is just 20 feet wide.
My lawyer says that it is not possible.

I have no job and no other income source, Due to my health issue.
This Property share is all I have to make living for the rest of my life.
What can I do.

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A user is in a legal dispute with their brothers over their rightful share of inherited property. They wish to receive their share in cash or have the entire property sold and their portion paid out, as dividing the land would render it valueless. The user's lawyer initially filed for possession due to forceful attempts by the brothers to take over the property, but the user now believes this was a mistake and wants to pursue a partition suit to get their cash share. Advice suggests consulting with the lawyer about amending the current case or filing a new one, and clarifies that co-owners cannot force each other to sell their shares but can pursue a partition suit if agreement cannot be reached.

T. Kalaiselvan, Advocate (Expert) 02 May 2024
If your brother is not cooperating with you for any of the proposals that you make, then you have no option than to file a suit for partition before court of law.
If the court feels taht the property is indivisible then it may bring the property to auction sale and distribute the sale consideration amount among the shareholders respectively

kavksatyanarayana (Expert) 02 May 2024
File a partition case in court for your share or the amount equal to your share.

Harvinder Singh (Querist) 03 May 2024
I am availing free legal services from Jalandhar.
My advocate say that the case he filed is for the possession of the Property as I was attacked by the other party regarding the Property. Can we add thing In
The present case or we file a new case. New case means, wait to deliver summons for next 6 months.

SIVARAMAPRASAD KAPPAGANTU (Expert) 03 May 2024
What is the nature of the property?
Is it ancestral property?
Your Father is alive?
Was the property self acquired property of your father?
If he is not alive, did he die without writing a Will?
How the property is devolved to your brothers? By way Will? And how you are left out?
In whose possession the property is now?

Harvinder Singh (Querist) 03 May 2024
The Property who bought buy my grandfather then my gather inherent it. Now my grandparents and and parents are dead.
Right now the court gave the possession of the Property to me (court order ate in my favor) and .I am living in it. The other party has raise an Appeal for the possession. My parents left no will...

Harvinder Singh (Querist) 03 May 2024
The Property was bought by my grandfather then my father inherent it. Now my grandparents and parents are dead. Right now the court gave the possession of the Property to me (court order are in my favor) and .I am living in it. The other party has raise an Appeal for the possession. My parents left no will...

kavksatyanarayana (Expert) 03 May 2024
You first stated that you are fighting the case with your brothers for your share. Now in the above the court ordered in your favour, then what is your problem?

Harvinder Singh (Querist) 03 May 2024
I got the possession but case stats is still Consideration application u/o 6 rule 17 cpc

kavksatyanarayana (Expert) 03 May 2024
You consult your lawyer.

T. Kalaiselvan, Advocate (Expert) 03 May 2024
You are not knowing the status of your case, neither you know what is the amendment for which you have filed a petition under order VI rule 17, you have bluntly approached this forum seeking opinions and suiggestions.
Hence it would be better that you clarify all the doubts from your lawyer who is the only and better person to clarify all your doubts.

Harvinder Singh (Querist) 03 May 2024
Court gave the order to give the possession to me. It was in my favor but later the other party filed application 6 rule 17 cpc. Now my case is stuck at Consideration.
The other mistake was happened in the bigining of the case. The advocate file the case for possession as the other party uses force to get my share and tried to sell the Property. However I am not interested in keeping the Property or possession but inwant my share in cash after sales.

Harvinder Singh (Querist) 03 May 2024
Now I want to know from the expert that the mistake that happened from my advocate . As he filed the case for possession only. But I want my share in cash either other party pay my share from their pocket or sell the hole Property and then pay.

T. Kalaiselvan, Advocate (Expert) 03 May 2024
If it was a suit for partition then there is question of possession.
If your advocate had filed only for possession, what is the basis?
Only if your title is confirmed the court will entertain the suit for possession.
Also you state that the court has already disposed the case in your favor then how can the opposite party be allowed to file an IA seeking amendment in the case which stands disposed and not existing.
If you want to sell your share in the property then you take separate possession of your share in the property and sell it independently.
You cannot force your cosharers to buy your share in the property nor you can ask them to sell their shares in the property jointly with you.
You are still not able to express your problem instead you are stretching this thread endlessly without any reason.

P. Venu (Expert) 04 May 2024
What is the case No.? Which Court?

Harvinder Singh (Querist) 04 May 2024
CS/1462/2022 registration no.
Court. Civil court Jalandhar punjab
My advocate filed the case wrongly.
I want my share of Property so i can sell but he filed the case just for possession as the other party forcefully tried to take over the Property.

kavksatyanarayana (Expert) 04 May 2024
You politely withdraw the services of your present lawyer and engage another advocate.

P. Venu (Expert) 05 May 2024
The proceedings, as seen from e-court, is quite expeditious, by Indian standards. Pleadings have been completed and issues, framed. Recording of evidence is held up only because of the amendment application moved by the defendants.

Harvinder Singh (Querist) 06 May 2024
If I file a case against my advocate for the damage they have done.
How much composition can I demand?

P. Venu (Expert) 06 May 2024
The court proceedings reveal that the property belonged to your late mother. In the present suit, you are seeking rights over the entire property, excluding other legal heirs, on the ground that you had taken care of her in her last days. The plea is unsustainable in law, the property having been left intestate. You are entitled for only an equal share with other legal heirs. It is seen that the court has protected your exclusive possession till the final disposal.

As such, it is not understood why you are blaming your advocate. In a civil action, the litigant's pleadings are the exclusive domain of the facts. Advocate's professional obligation is in taking care of the law and its procedure.

T. Kalaiselvan, Advocate (Expert) 09 May 2024
You cannot sue your advocate for the damages.
Your case is going on.
Whatever your advocate did in this case was on behalf of you and based on your instructions only.
In this situation, it appears that you only have instituted a suit with false claim claiming entire property by excluding the rights of your siblings/other shareholders.
You are at your liberty to change your lawyer anytime before disposal of the case.
You can discuss in person with any other experienced lawyer and proceed as suggested.

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