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BITCOIN INDIA   19 May 2024

Query regarding ancestors property.

Hi everyone,

I am krishna from Bangalore, a case in supreme court about 3 plots in Bangalore (prime property) which belongs to my grand father (mothers father) who died intestate is pending since 2015.

which is inherited by his 5 children in which my mom passed away 15 years back and winning the case in high court which said all the 5 children's should divide equally but the 2 elders took it to supreme court and has left it unattended the last two children just left banglore after marriage and their whereabouts are unknown from past 12-15 years, here iam looking after the case which just keeps postponing every 4-5 months and iam ready to settle but I can't find anyone associated to the case even the lawyers who submitted the case don't know about the elder siblings whereabouts.
what shall I do to settle this case?

In supreme court first and second childrens are petitioners

last 3 children are Respondents in which I represent my departed mother and last two children's whereabouts are unknown.

Any lead or idea to this case will be of great help.

Thank you so much for everyone who shows intrest in this case.


Learning

 5 Replies

Dr. J C Vashista (Advocate )     19 May 2024

For proceeding a case in Supreme Court you must have engaged a Senior Advocate;with an Advocate on Record or Advocate, what is his / her opinion and advise follow it without seeking second opinion and advise of experts on this platform who have not perused case file but form an opinion and oblige on the basis of limited facts posted, which may or may not be suitable/ appropriate.

1 Like

T. Kalaiselvan, Advocate (Advocate)     19 May 2024

Even though the aggrieved parties have preferred an appeal before supreme court, it appears that there is no stay granted by supreme court restraining you from executing  the orders of the trial court.

The judgment by the trial court has been pronounced in your favor,. hence you may proceed with the execution of the trial court judgment without bothering about the ending cse before supreme court.

Dr. J C Vashista (Advocate )     20 May 2024

When you are not aggrieved by the order / judgment / decree passed by lower courts, stated to have been in your favour in such circumstances, what is the purpose of filing appeal and maintainability before Supreme Court 

Mr. Sumitra kumar (Advocate)     20 May 2024

Seems a hypothetical question. How is it possible that the petitioners' address is not known to the lawyers where it is a necessary ingrediants to file a suit!?

 

Thank you.

T. Kalaiselvan, Advocate (Advocate)     20 May 2024

your lawyer at supreme court who is handilng the case on your bahalf can get the address  mentioned in the appeal.

besides, there is no necessity for you to locate the parties in their new addresses, you can follow the procedures of law if the parties are not available in the given/ last known address and take steeps accordinlgy.

It appears that you have not discussed with yor lawyer properly instead you ase coming out with the questions on the basis of your curiosity or imaginations


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