Inspecton of documents
anish
(Querist) 10 December 2012
This query is : Resolved
Apart from his own properties, my father during his life time acquired several immoveable properties in my and my mother’s name but from our own funds. My father has expired. My younger brother was vagabond so my father has not given him any of his property( he has clearly mentioned this in his WILL.)
Now my brother has filed a suit in Bombay high court claiming that all properties belonging to my father, myself and my mother form joint family properties of my father and he is entitled to his share as member of joint family in all properties and asked for partition decree and injunction order restraining us to deal with all properties. None of the properties are in his name. They are either in my name or in mother’s name.
Suit was filled in Aug 2012. It is still under lodging number. The matter is under admission stage and not reached board till today in spite of regular dates.
I swore my affidavit in reply in Oct 2012 denying all claims and annexing copies of letters which was given by all heirs including my brother accepting Will of my father as far as 11 years back and gave copy to plaintiff lawyer. Before filling this affidavit my advocate had asked for inspection of documents to his advocate on which they are relying for their claim. In spite of being plaintiff they have not bothered to give any inspection till today and on top of that his advocate has now asked us in writing for inspection of our original documents on which we have filled our affidavit .The matter has yet not reached board for admission.
1) Am I supposed to oblige them now for inspection when as plaintiff they have yet not proved their admission or case and no direction from court to us have been made?
2) I wish to show documents only after court’s order or direction. Can I take this stand?
3) In what way my defense affected or diluted or weakened if I do not oblige to their advocate’s direct letter to us asking for inspection now?
4) I was told by their lawyer that if we donot allow for inspection we cannot rely on our documents. I told them that applies when I do not allow for inspection after court’s direction. Is my point correct?
5) What is to be done if I want to allow inspection only after court’s direction or monitoring?
Raj Kumar Makkad
(Expert) 11 December 2012
1. You are not obliged to do so.
2. Yes. You should only follow the direction of the court.
3. No effect.
4. Yes.
5. Stick to your stand.
anish
(Querist) 12 December 2012
Sir
I am confused because my lawyer is also of the opinion that if we do not give inspection now to plaintiff we can not rely on our documents later on when matter may reach board or come for hearing.
ajay sethi
(Expert) 12 December 2012
you cna inform the plaintiff advocate that till date inspite of repeated reminders you have not received inspection of documents relied upon by plaintiff .
after inspection is given then the defendant shall fix a date for taking inspection of documents relied upon by the defendant
Raj Kumar Makkad
(Expert) 12 December 2012
You should trust upon your lawyer and should follow him.
M V Gupta
(Expert) 14 December 2012
Act as advised by Mr. Sethi.
