Hindu succession act / coparcenary requirements
Kolhapur
(Querist) 28 October 2012
This query is : Resolved
My mother was born 1944, married in 1964, died in 1974 before her father, our grandfather who died in 1975 leaving considerable assets including house and land (which was never shown to us). Eldest brother, our maternal uncle, misappropriated his late father’s assets by sheer bullying and by taking signatures of other sisters to quit claim. My mother had not signed any such a document. Me and my sister for years are in the US and my uncle unbeknownst to us and our father partially disposed off some lands and remaining misappropriated as my grandfather died intestate. Finally case was filed in Kolhapur civil court in 2011. During my recent trip, I discovered that our current advocate neither served opposite party nor made any motions to seek court’s help to serve my uncle. My NCP member uncle who is alleged to have dodged service attempts. Now my current advocate says court is contemplating legal issues ( for 2 years) and he will get order probably saying Plaintiff/us to comply with coparcenary requirements. I spent moneys to get records at the time of grandfather’s death, however seems like advocate is not able to convince the court. I wrote to NRI cell, State Bar Council and Appellate Authority of the Bar Council of India, Mr. Apurba Kumar Sharma who I believe is responsible for enforcing Information Act for their advice. I will appreciate if you give me expert advice if I have a case and what is my recourse given the state of Indian Judiciary.
Devajyoti Barman
(Expert) 28 October 2012
Well if the summons could not be served straightway then attempt should have been made for substituted service which means my Paper Publication.
Two years is a long time for this simple job. I believe you should change your existing advocate with someone good at job.
This was the fault on the part of your advocate, not on the judiciary of your motherland.
Kolhapur
(Querist) 28 October 2012
Thanks a lot Mr. Barman. Unfortunately this is my 2nd advocate. And may be I am wrong about my conclusions about Judiciary so soon.
However, given the facts, will you please tell me if I have a case considering Hindu Succession Act/ Amendments/ Case law? Thanks in advance.
ajay sethi
(Expert) 28 October 2012
you have a good case oin merits against your uncle .
