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Gopalaswamy   11 September 2019

Civil law

I am not sure whether my earlier query was mailed or not .Hence repeating the query I am aged 85 + and very forgetfull .kindly bear with me clarrification required Property is a house in aplot .It has a registered will,As per that mtself and my brother are the beneficieries.The testator clearly drew a dividing line in the will and said one portion as to A or me and another portion to B .A lawyer drafted two affidavits as per the will,for having taken over possession of property.in 2004.As per that we r enjoying the property.The will was probated afterwards in 2013.This was done by B.No executer was appointed,During 2014 my brother claimed that the interpretation of the will is wrong and filed a suit in 2014 .Through lawyer I pointed out that the testator himself has done the partition in the will and the affidavit drafted by lawyer is in line with it.Now the suit has come for hearing in city civil court from High court ,My advocate is no more and I am dis abled.I was told that if I donot attend the judgement will be exparty .Kindly clarrify whether the court will go through records and facts of the case or award orders or exparty .I have replied when the case was in High court which amounts that I have recorded my objections or challenged the plaintif claim, request clarrification


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 2 Replies

Real Soul.... (LEGAL)     11 September 2019

Respected Sir,the property shall be divided as per the will deed. If the property was divided and posseion handed over to both of you and both of you have decleared on oath of taking the possesion by way of affidavit, there is no chance to reverse the process after about fifteen years.

You must be having the copies of affidavit. 

You must represent the case filed by your brother through some advocate otherwise your brother can manage some mischeif . If you have already submitted your written statement then you need to folow up with the evidance .

Just hire some good advocate who can folow  the case in your absence punctually.

 

Shashi Dhara   11 September 2019

U engage advocate who submits petition to appoint commission who attends were u r their he takes evidence and submit before court is evidence thru commission.

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