Upgrad LLM

application for appointment of partition commission


My father died intestate on 6th Dec 1997. Leaving behind my mother , my elder brother( both were staying in the three storied building ) and 5 sisters all married including myself. My elder sister and three other sister filed a partition suit in 2004 against my brother & mother naming me as proforma defendent for one seventh shere each of the immovable property left by father. Subsequently my brother brought out a gift deed wherein it was stated that my father gifted 50% of the property to my brother.

The above instant suit was decreed on 24.2.2009 as preliminary form, declearing 1/14 portion of the entire property to each of 5 sisters and mother and 8/14 share to my brother, directing for amicable partition of the suit within 6 months from the date of the order.

As no amicable partition was arived my elder sister & others ( all five sisters ) filed an application for appointment of Partition Commissioner on 5th Aug 2010 The proceeding continued . As my brother trying to influence my other sisters by fair means or foul, I had  on 11th April 2011,in writing informed our lawer ( as he was out of station , the letter received by his junior on his behalf as directed by my lawer over phone) that it appers that my other sisters are gone for settlement for an undisclosed amount , he should continue with the assignment as my lawer and extend his professional expertise for an early end of justice. I also confirmed this to him over phone. However I have not informed anything by my lawer during this period.

Meantime with a copy of title suit decree I have registered my request to municipality ( assor collector and Director general Building) not to permit any mutation or any structural change in the property is subjudice / partition.    

Now I find my brother is making alteration in the house and have rented the vacent ground floor to my elder sisters son.

In  view of this please let me know whether the application for appointment of Partition Commissioner can be withdrawn by my elder sister without my consent in writing and whether my brother can violate the status que of the property ?

I would be grateful of your advising me how to proceed further ?

 
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