Partition case filed in Delhi High Court in 2019. 1/3 share. Two floor house. Three siblings myself elder daughter, middle brother and younger sister. There is registered will. Division of property is as such
I. Ground floor.... Unmarried younger sister. She is under possession of the ground floor. Staying alone.
ii. Ist floor..... Brother with family staying.
iii. Ist floor roof.... Elerder daughter (myself) not constructed till date. Staying sepately.
My brother constructed semi pucca in 3rd floor.
No mutation partition done.
Injunction case filed in District Court by both the sister. won the case. Mediation failed for out of court settlement.
Criminal case also filed for illegal confinement of both the sisters in ground floor for 10 hrs. No FIR filed by police.
My brother died (sucidial death) in the meantime. His wife left the premises (first floor) His legal heir is not responding/attended first hearing. It is presumed that they will not attend the Court.
Summon issued to them returned back.
Now my query is as under
I. What should I do. Continue case in High Court for a clear judgment. May be it is ex-parte.
ii. Criminal case not to withdraw.
III. Can we both sisters sell our share to builder. Third party approach to my brother's wife is going on to come to negotion table.
Please advice me Your Honour.
Regds.
Maya das
