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swathi kh (manager)     18 December 2011

Please advise

Dear Sir, this is an issue related to our property, which was pending since last 12 years in the court of law and recently a judgment has been passed. The property was got by grandfather in a tribunal settlement and remained undivided for long time. My grandfather had four children for which the property had to be divided. In the last decade the issue had arisen when my father’s brother expired and she wanted a share in the property. Initially there was a family arrangement kind of thing decided among seniors in the family community as a panchyath for which it was decided some of cash amount of the value property to be given to my mother in law and rest divide the property among the three children and grandmother for which see had not agreed upon and approached the court for an amicable settlement as a lone plaintiff. Whereas we the other three defendant where on the opposite side. Initially the lawyer contended in favor of three of us on behalf us, since we stayed away from the Mangalore we had submitted a power of attorney to one of my cousin and vakalath to the lawyer to represent us ... latter as the days passed by he had created a grandmothers will drafted by him in favor of one of the defendant in our group making him the lone single beneficiary i.e. 75% in the property rights bequthing some of the share in the property of the deceased son. The way the representation of case was done like we were kept a joker/using us for the purpose of case all the time. When approached to the lawyer, the lawyer has asked us to file a appeal to up hold the family agreement. I feel the lawyer is at the fault for not keeping us informed on various issue and also creating a will which favored one single person. Inrespect to this issue I would like to clarify my stand to how we stand a chance of retaining equal share in the property.


 1 Replies

adv. rajeev ( rajoo ) (practicing advocate)     18 December 2011

No other way you have a to approach the appeal court.  Moreover to advise properly it requires to go thru., the judgement copy and all the doucments.

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