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Kabeer (Sys Eng)     20 October 2009

Home Partition

Hi,

Bried Desc 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 father died Jun-12-10 and then my step mother died after 2 years and she left two sons who are aslo legal hiers-So legal hiers are 1,myself,my mom (1st wife) , 3 my elder brother ,4 step brother I 5 Step brother II ,,i have recieved this Legal heir certifcate from the Vaniyambadi musif court and they are the legal heirs of Property i.e Home (1600 sqft) which is located in vaniyambadi (town) .first  wife and famiily i.e myself & my elder didnt lived with my father..but my mom was not diverced...anyways ...i have filed a Suit for Partition @ vaniyambadi sub divion court @ Apr -10-2009 and it has just came for first hearing..we have desperate need of home and i want to partion as soon as possible..please suggest how can i get the suit resolved quicly ,or do i need to contact Presiding Office of Madras HC for quick disposal of the case..please suggest...thank you very much in advance



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 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     20 October 2009

U cannot meet the judge and he will not allow you to meet him.

if you want quick result then have a discussion with your brothers and step brother and sister settle the matter, your other family memebers are also entittle for the share in the house property, so go for compromise and refer the matter to lokadalat there according to your compromisesuit will be decreed, you hve got another choice according the compromise you can file a comrpomise petition in the same suit, the same comrpomise petition will be decreed.  It is the quickest way to get the result.

otherwise it takes time because court has to follow the procedure. so think of the comrpromise .

2 Like

AEJAZ AHMED (Legal Consultant/Lawyer)     20 October 2009

Dear Kabeer,

In your query, about contacts of your family i.e you, your mom and brother,  with your step brother,  didn't mentioned by you, except   " first  wife and famiily i.e myself & my elder didnt lived with my father..but my mom was not divorced...anyways ."

So rightly advised by Mr. Rajeev, if you any one is having good contacts with them, then kindly go ahead as advised by my learned friend.  Otherwise, if they contest the case, it will take very longtime and delay, becaue they  are having  rights to contest the case, if  there is any Judgment after trial, then there will be First Appeal to Dist Court, as you filed the case Sub DivisionCourt, then again Appeal lies to High court, like wise it will take long time to decide the matter, it is the procedur of the court.

So if you are having good contacts, then follow the above suggestion of our friend, either with the intervention of family elders, or yourself you can approach them and discuss for partition.     

1 Like

Kabeer (Sys Eng)     20 October 2009

Hi AEJAZ AHMED,

Thanks for valuable comments,..we dont have good contact with step brothers as they lived with my father..but both the step brothers are agreeing to partition of home...they are just 18 and 19yrs old so they are not mature enough to understand the disputes..they are asking us to seek the court for partition.and they are ready for partition..so please suggest me what i should ask them now ..to do..or what i should i ask my lawyer to do ...

Thanks in advance

 


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