Legal Question in Civil Litigation in India

Dear Sir/Madam

I have few queries and I request you to clarify the same to me.

We are 3 sons to our parents. Mother expired last year with out making any will. Father expired in 1988.

Since the house, which is in my mother�s name, is too small 600sft we wanted to sell the property and take our share (1/3 each).

We 1st & 2nd brothers are staying separately & last brother stays in that house refused to sell the house & part away with our shares.

We 2 were forced to file a partition suit. We have not claimed any else.

In response to our claim last brother has made false allegation on us in his submission which is as follows.

1. That I was adopted by my grand mother�s sister who was a spinster & I have acquired all her property after attaining majority as I am the legal heir.

2. That I have colluded with my father and sold a property which was in fathers name and I have taken entire amount.

3. That we 2 have not cared our mother when she was hospitalized actually we have paid hospital bills through our debit cards we have proof.

4. My mother had made me as a nominee for a bank a/c. he has drawn the entire amount his name is entered in the pass sheet & blamed me that I have taken the entire amount.

5. He has made many meaner allegations (totally 37 allegations).

6. Pleas let me know what is the punishment for the entire false allegation he has made it has hurt us a lot.Is it true that the court punishes with imprisonment & fine?

7. Since the judge was absent the case is postponed to 75 days isn�t it ridicules. This has happened for the 2nd time How to curb this menace in the court. What to do to get justice faster? Which court to contact? Let me know

8. How long this case will go on? It is already 1 year gone. Can we claim 2/3 rent from him and the loss/damages in the form of interest for the amount we would have got by selling the property. My lawyer is a bit short tempered so I am requesting you. Please help.

9. Since the property is too small what will be the judgment?

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