Legal Question in Real Estate Law in India
New case.
ON the advise of my lawyer , who also , happens 2 my wife's brother (SALA) & my wife I SUED my brother for the ownership of shop. My plaint claimed me as the owner.After litigating the suit 4 over 10 years I LOST THE CASE 7 THE APPEAL ALSO. The property according 2 the judjement has been delcared 2 b a perantal property with my father ( since deceases intestate)as the sole owner.My said lawyer now advise 2 file another new case 4 claiming share in parental property. Is that correct & possible.
4 Answers from Attorneys
Re: New case.
in case the said shop has been declared a parental property and your father has died intestate, u may file a petition for partition. where is ur case pending. u may also call upon me at 9811284735, delhi.
Re: New case.
One need to read judgments of the court with pleadings of parties and decide.
Re: New case.
That may be partially correct and possible but may not be necessary.
The correct position can be ascertained by a perusal of the pleadings and final judgements/decrees of your previous case.
Since the lawyer who had been handling your case for the last years from the trial stage upto Appellate stage, and the lawyer happened to be in the family, it will be appropriate to follow his advice.
Usually, in court cases, appropriate advice is possible only after a through perusal of all the documents - pleadings, evidence and orders passed by the court.
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