Suit for partition
WHATSAPP 91-8075113965
(Querist) 16 December 2012
This query is : Resolved
sirs,
here is one of my clients doubt. please help me out in resolving the issue .
facts , as said by my client as follows :
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a case has been filed for partition of ancestral property. all documents citations and witnesses were produced and examined and were admitted by all parties that the family is governed by Mitakshara law and properties are Ancestral and the same has not been partitioned so far. there was a will executed by father on the total undivided family concessionary property in the name of the son which is VOID in the eye of law. the same was also proved by citing judgments of supreme court and with provisions in the Hindu Law.
the defendant(son) filed another case for fixation of the land in which he admitted there exists a gift to daughter by father and in the written statement the plaintiff to partition suit stated that " if at all the will executed by father is valid, the son has only a right over the property mentioned in A sch.property.
The Munsif without looking into the legality and established laws and citations of supreme court cited has dismissed the partition suit stating that the parties admitted there exists a will and therefore the partition suit is dismissed. Even the Munsiff was cutting a sorry figure openly asking the advocate who was arguing the case " which is the enactment passed by parliament VIZ "MULLA,S HINDU LAW"
i am in fix about future course of action to be initiated if this is the attitude of responsible judiciary.
However we have filed an appeal in the District court but Rumours goes that the judge is a lazyman in reading our argument note submitted and give only a superficial judgment ?????????????
please suggest whether we can approach High Court to redress the situation or to suffer with till the district court give its verdict in the matter.
Raj Kumar Makkad
(Expert) 16 December 2012
All of your clients were waiting for this Sunday only?
WHATSAPP 91-8075113965
(Querist) 29 December 2012
good morning sir,
i am lawyer practicing in the district courts, thalassery for the past 16 years and i may not be an efficient and eloquent lawyer like you. But, one thing , i want to add is that i have been a member / expert of this site, even before you. because, i became a member on 2008 jan 6 and you have become a member only on 2009 september 4.I have heen interacting in site for more than 4 years.that you can see, if you verify my answers to past criminal queries of our friends....but, as i was busy with some other work last days , i just copied my clients doubts over here, to get apt replies , so that i can save my time. I DON'T THINK IT IS AN OFFENSE DESERVING CAPITAL PUNISHMENT , or a thing which has to be ridiculed...... i am writing all these just because of the humiliating comments made by you on me for posting a series of quires.... at the most, if you feel that these questions are asked by a fool, you could have kept mum, rather than making fun of me .....please consider that a lawyer with a little knowledge should also have the right to live in this democratic country. He has also has the right to ask doubts, however foolish it maybe ..moreover, it has to be understood that no one is born as a senior lawyer and no one can be a senior lawyer without being "a so called foolish junior lawyer" .......
thanks and bye ....
SALIL KUMAR.P
ADVOCATE
THALASSERY-670101
MOB : 9447536929
9061435365
Raj Kumar Makkad
(Expert) 29 December 2012
Thanks my Senior sir Salil for chasing me. You posted a lot of queries at the same time on the site without caring for the replies which is also reflected by the fact that you could spare time to read the reply against your query only after a short span of 12 days. I don't know after how much days, you shall read this reply to your offensive comments.
A lawyer merely shifting his onus to dealing his entire cases of clients on a single day within a span of one hour on the experts of this site do not deserve any help.
The language used in the queries further makes clear that even after spending precious 16 years in this profession, you have not been able to understand common laws which are part and parcel of a lawyer in his daily routine. Who shall believe that clients engage such lawyer for their serious cases who even is not having the knowledge of stay order or procedure to obtain bail
I do regard every genuine querist and try to submit my reply as per limits of my mind which can be got reflected that despite of your seniority by 1 year from my entry in this site, I could become top expert.
Anyway, I don't require any certificate from anyone for the contribution I could make on LCI as I do this just for my own satisfaction and I need not follow the dictation of any one whether I should keep mum against any query or should reply in any particular manner.
Guest
(Expert) 29 December 2012
Impressed with the introduction of the querist, but not the way by which he wants to prove as expert through borrowed bits of knowledge. As revealed by 100% reproduction of his clients' problems, not his own doubts by expressing his own opinion in the case, it seems, as if he does not want to acquire true knowledge for himself by going through provisions of relevant law.
