Legal Question in Wills and Trusts in India
My father got his will registered on 9.8.2000, who died on 10.04.2001. .I am in possession of all my landed property given to me in fathers will. On applying to Nagarpalika for mutation ,we were asked to get it distributed from civil court so In 2003 a case of distribution was filed.even though will was accepted by all ofour 5 brothers but the judge required all the brothers to reach the court at the same time which could not happen due to unwillingness of 1 brother and the case after a long wait ,was dismissed in default. Then I files a suit for my share to be distributed for myself but after 7-8 years the file was attached to the original case as the case of the same nature is already pending .The advocate has now advised me to reopen the old case again and fight it to the conclusion on merit. A lawyer advised to move a petition in high court that the nagarpalika has to mutate it which actually need.What should i do.i am a hindu of 59 yrs of age.
1 Answer from Attorneys
It is very strange demand on part of judge to reach court at the same time and if anybody failed then dismissed the case. It is not plausible and is a very strange ground for dismissal and there is no such ground permitting the court to dismiss the case in default as stated by you in your query. After the lapse of a considerable time of almost 7 years, it is difficult to get the case reopened. Details are missing. details are required to be examined. If required consult with details. Sidharth 9811776422
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
