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Handing over of Property

(Querist) 05 March 2009 This query is : Resolved 
A Case was filed for sharing of property by my dad against his brother. All the property purchses were made in the name of Elder brother. On his death he made will to pass those in his 2 daughters son's name(he did not have direct son)

The case was file in Satara civit court in year 2001. And their was ex-party decision in our favor in year 2005. This was challenged by them and now it is languishing in the courts for various reason :
1. Case transfer
2. Steps Unready
3. Filing of Say
4. Hearing
5. Argument on Exh.
6. Notice Unready.
Its almost 4 years now we have not occupied the property which is rightfully ours
Can you please inform how much maximum time does the the court takes to decide to handover the property after the decision

What steps to be taken or early redressal.
Can the advocate be blamed for not following up properly

Please reply on this
PALNITKAR V.V. (Expert) 05 March 2009
To some extent advocate can be blamed if he is not taking efforts to get the various stages eliminated. It is difficult to say within how much time the case would get finally over.Is the property lying vacant? You have not stated if there is any stay order against you from entering into the property? If there is no stay, why dont you try to occupy it?
M. PIRAVI PERUMAL (Expert) 07 March 2009
I agree with Mr. Palnitkar. You can also get an direction from High Court to dispose off your case within a stipulated time frame.
sampat mane (Querist) 14 March 2009
Thanks for your advice. please see my reply on your querries.
1. The income is generated by the opposite party by cultivating that land.
2. Their is no stay order against us.
3. We are trying to avoid voilence.

How can I change an advocate in the midst of the trail. Will that not weaken my case (if he sides with opposite party)?
How can I get a direction from High Court to dispose off our case within a stipulated time frame. Please give mumbai contacts who can help me?
B.B.R.Goud. (Expert) 14 March 2009
as far as, the authorised documentary evidence is available, to support the ownership of brother of your dady, he is abolutely entitled to write a will to his grand sons.
thereafter, you can nver have any interest or right over the property.
in such a case, there may not be any use, if you move any court.
sampat mane (Querist) 17 March 2009
Then on what basis the court has given an ex-party order? Their must be some ground to that
PALNITKAR V.V. (Expert) 17 March 2009
Normally exparte order is given on the basis of prima facie evidence. One doesnt know how it was given in your case. But I think instead of discussing such details here, it is better to consult some expert at length. I dont know where do you stay. If it is convenient you may call me.
sampat mane (Querist) 18 March 2009
Please give me your contact details for call you.
I do stay in Mumbai - Bhandup West. My contact is 9967036841
sanjeev murthy desai (Expert) 23 March 2009
resolved


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