My home legal case

Kabeer (Querist) 26 February 2011 This query is : Resolved
Hi,

A Brief description of myself and family, My father had two wifes and and am the son of 1st wife and i have one Elder brother and my step mother has two sons who are aslo legal hiers-So legal hiers are
1)myself
2)my mom (1st wife)
3)my elder brother
4)step brother I
5) Step brother II
and my father died Jun-12-10,i have recieved this Legal heir certifcate from the Vaniyambadi musif court as they are the legal heirs of Property and my father left a property when he died i.e Home (1600 sqft) which is located in vaniyambadi (town) .first wife and famiily i.e myself & my elder did NOT lived with my father..but my mom was not divorced...anyways ...i have filed a Suit for Partition @ vaniyambadi sub divion court @ Apr -10-2009 and its in Trail stage but the process is going very slow though there is no delay from either side i.e plaintiff (us) or defendens..we have desperate need of home and i want to partion as soon as possible..and my step brother's are very much ready for partition but not for sale..I am also verymuch ready for partition too. One more thing i have filed the case is because the reason is my uncle (father's younger bro) is interfering in this and asking money that my father had debt and it not to him ..he claims that it was for others and he claims that he has paid on behalf of us without permission..please suggest me the process for speeding up the case or any alternative..
I am not in position and my step brother are welcoming to home if i want to ..but my uncle says go to court though he is not in position and no right..shall i file a police complaint and get the position ..please let me know the law..

Thank you in advance for your reply..

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adv. rajeev ( rajoo ) (Expert) 26 February 2011
when you all are ready for the partition so why you are wasting the time file a compromise petition immediately and get the compromise decree

Kabeer (Querist) 26 February 2011
Hi Rajeev,

Thank you for suggestion..

I forgot to mention that..my grand mom died after my father so as per islamic rule she also has part in it..and she's also expired and now my uncles and thier sister are ..calming that..but my grand mother name is not mentioned in legal heir cert.issued by court before 3 yrs..but my step brother claims that she also has part in it am ready to give that too..but my uncles and thier sister are insisting in selling the property.,.but we major stake holders insist on partitioning. please suggest..

appreciate you reply

Khaleel Ahmed (Expert) 26 February 2011
In the query you have mentioned that, your father died on 12th june 2010. Further you have mentioned that ,you filed a case for partition on 10 April 2009.You have not mentioned the details of parties to the suit.Your father died before your gand mom.According to islamic shariah she also has right in the property left by her deceased son your father.The suit for partition filed by you during the life of your father can not be maintainable as per islamic shariah, as you have no legal right to file suit for partition during the life of father .

Kabeer (Querist) 26 February 2011
Hi,

I am sorry...correction

My father died on 12-June-2001
My Grand mom died on 02-Jan-2003

I had filed the case on April-10-2009