Arjun 20 October 2020

Key points to take care : during partition suit judgment

One of my nephew left his father since he had a illegal affair with another women. He filed a case and requested court to dispose his share from the ancestral property of his family being managed by his father.

Committee been formed by the court and subsequent proceedings are due to implement. Hope they will start in next month.

What are the key points he has to take care with the committee, with his father in this process so that all his part received without any mal-practice by his father (opposite party) or biased practice by any committee member.

Since this is the first time of this kind of case, experts' advice from this group will be helpful for me to get the justice completely.

With advance thanks

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4 Replies

G.L.N. Prasad (Retired employee.) 21 October 2020

Because your nephew has filed a case and engaged a professional advocate, the presumption is that he can take care of every thing. If the assets are many, engage private detectives to find out the list of all assets. Use RTI and seek copies of such returns as you are co-sharer from ITO.

P. Venu (Advocate) 21 October 2020

The query is based on incorrect information, esp. as to the committee.

Arjun 21 October 2020

Originally posted by : G.L.N. Prasad
	Because your nephew has filed a case and engaged a professional advocate, the presumption is that he can take care of every thing. If the assets are many, engage private detectives to find out the list of all assets. Use RTI and seek copies of such returns as you are co-sharer from ITO.

Dear Mr Prasad thank you for your response .

Nephew has a lawyer and he hopes that he would do his level best to protect his interest .

still he wants to learn what are all the points he has to be cautious to get the best.

the list of properties are very clear and available. It is only a matter of making the partition fair and advantage to my nephew kindly support.

Dr J C Vashista (Advocate) 25 October 2020

Facts posted are insufficient to form proper opinion and oblige.

It would be better to consult and engage another local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding, if you are not satisfied with your counsel.