Gopalaswamy 21 November 2019

Genaral information

My father left a registered will.The benificiery are myself and my brother.The property was self earned by him, It is a house .The will draws a partition line .one has to stand at the extreme boundary on east side and he draws line to wards west.Portions on southern side belong to my brother and portions on Northern side belong to me .He died during 1991.we took our our portions during 1995 after constructing some partition walls as indicated in the will after signing an independant affidavit for having taken possession our portions affidavit drafted by an advocated ,My brother did not raise any objection till 2004 .He intrupted the will as below The will is only for the house and not for open space all around and it is common.The will permits that urban land tax to be paid by indivituals.Modifications in the house water supply sewage which was common during his life time can be done to suit indivituals .During 2004 he probated a will and filed suit that partition is not over and claimed for open space I am aged 86 and not able to move ,My advocate is in UK now .So the court has recorded as exparte evidence ,I do not understand what is meant by .grateful if you clarrify .secondly will the court will go through records even if it is exparte and award justic or will give degree to the plaintiff even if he is wrong ,what is the practice

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Shashi Dhara 21 November 2019

Let your advocates junior shall file application to appoint commission to seek evidence.the commission will attend to spot and takes evidence of you and submit before court.if you are unable to adduce evidence.

G.L.N. Prasad (Retired employee.) 22 November 2019

Your advocate's physical presence may not be necessary at this stage and his juniors can handle it. If it is not possible for him to attend to proceedings, approach to Legal Services Authority as a Senior citizen and seek legal assistance and their guidance for a compromise on facts. At this age, do not worry assuming things, as courts can not decide a case without going into fundamental aspects recorded in documents. These cases are usual when the defendants are in advanced age, and even siblings adopt such deceptive practice of exploitation. Be brave and do not worry and the court considers all points. Even outside land even without share is sharable and you are entitled for equal share.

Dr J C Vashista (Advocate) 24 November 2019

Your case is bit complicated, which require professional services.

It is advisable to consult another local prudent lawyer, if your lawyer is located abroad, for better appreciation of facts/documents, guidance and proceeding.

Andrew 25 November 2019

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