Hello,
My father passed away few years and after few more years, my mother filed a case in court for our property and fought for 10+ years.
We won 1/5th share in judgement, but my mother felt the other party cheated us by including my father's sisters for the share(at the moment they were losing), my mother beleived we should have gotten 1/3rd share, so instead of filing for partition, she have approached a new lawyer to file a case asking what we actually deserve. That lawyer didn't adviced my mother to file a petition for the partition of the property we have already won.
He told her it is not possible get it partitioned if you want to fight for me, in the meantime(after 1 and half year) the other party claimed he got sick and was in hospital because of the wrong final judgement.
He requested for a stay, but I'm sure if was approved. I've read their notice, where it says we "When the petition will come for hearing on the day **-**-** you are hereby directed to appear, in person or by council, to show cause why the petitioners prayers should not be granted, in default of which the matter will be heard and decide exparte.", but our lawyer didn't let us goto the court, he told us "you don't need to come to court, we lawyers should go and that's enough" is this true?
Yesterday I have asked him if the stay was granted on partition, but he don't want to answer to my question, he's keep on skipping it.
My questions are:
1. Is our lawyer is really on our side?
2. How can we check if the stay is approved or not?
3. If the stay wasn't approved, can we file for partition for the property we have already won?
4.If the stay was approved, can we cease the property until the case comes to a judgement? because, they're just giving the shops for rent and living happily in our property and being greedy to give our own share.
Please, I seek your help.
