Partition case pending since year 2001 - what is remedy

sampat mane (Querist) 22 February 2017 This query is : Resolved
IMy dad had filed a Civil Case in year 2001. After 5 years this case was decided ex-party but this was stayed and still this is going on. The case was earlier at Satara Distric cout now it is in VAduj Court. taking almost 3-5 years to transfer and run again.

Its is case of HUF property being unsurped by the opposite party by way of Will (The Party was elder brother of my father and all property (both Ancestor and self owned - with help of my father) was registered in Uncles name.

I have tried 2 difference advocates to induce them and get this settled as early as possible but this is not happneing.

Do we have any remedy on this to run this case?

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Guest (Expert) 22 February 2017
If your Father is a Senior Citizen on that grounds the Pleadings could be made in the Concerned Court.Supreme Court had already Instructed that Cases of Senior Citizens to be Completed On Priority.

sampat mane (Querist) 23 February 2017
Father has died and mother too.. he had given me the power of attorney

Guest (Expert) 23 February 2017
If the Petitioner is No More the POA would get cancelled Automatically.First apply for Legal Heir certificate snd Submit it to Court and Proceed with the Case.Request your Advocate to Plead the Court to Complete the Case at the earliest with valid justifiable Reasons.

Rajendra K Goyal (Expert) 23 February 2017
If any party has expired during proceedings, Legal heirs have to be brought on file.

Full case file need to be referred for any concrete advice.

sampat mane (Querist) 23 February 2017
All the legal heir� have brought on record. Also they gave the poa to me...despite vigour s followup no headway

Adv. Yogen Kakade (Expert) 24 February 2017
Mention full facts..

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