To become ex parte

kunhi marakkar (Querist) 28 May 2024 This query is : Resolved
I am unable to appear or engage a lawyer in an FDA case of a partition suite due to financial difficulties. So what is the way to become exparte in this case? I came to know that even if my share as per law is exparte, I will get it without any reduction. So now this case is posted by For Steps. What should be done to become exparte in the case at this time?

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Quick Summary

If you're facing financial difficulties and cannot afford legal representation in an FDA partition case, you might be considering becoming 'ex parte'. This means the court proceedings will continue in your absence. While you are still entitled to your proportionate share of the property, you may not be able to influence decisions regarding preferred shares. You can explore options like free legal aid or appearing in person. However, remember that you will still need to cover court fees and stamp duty to register your allotted share.

kavksatyanarayana (Expert) 28 May 2024
You can consult a free legal aid cell. The legal aid cell will help you, otherwise, you will not attend the adjournments.

K Rajasekharan (Expert) 28 May 2024
What is called set ex parte is that if you do not attend the court on the dates of the cases you will be set ex parte. That means the proceedings will continue in your absence.

In your absence too, you will get your proportionate share but the others can take the preferred part of the share if you are not involving in the proceedings.

If you want to involve in the proceedings, the court or the District Legal Services Authority can arrange an advocate for you, free of cost.

T. Kalaiselvan, Advocate (Expert) 28 May 2024
The reasons what you state seems to be unreasonable and not maintainable.
As rightly observed by experts on becoming exparte no doubt your share of property cannot be taken away by the other shareholders, but you may not be able to exercise yor rights over the preferred share.
In any case if you want to get your share, then you may have to pay the appropriate court fee as well as the stamp duty for registering the share of property allotted to you.
If you claim that you do not have money for court fee and the stamp duty then you cannot get the share of property until you comply with the essential requirements in this regard

P. Venu (Expert) 04 June 2024
You may try get of free legal aid. Else, you have the option to appear in person.

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