Hi
My both brothers have sent me summons of issues through court for a House which was bought in my name 8 years ago . I have put initial deposit and secured bank loan on my house with my mother as GPA for bank loan only.
I have been paying the EMIs so far , some of them are adjusted by my brothers/father as they owe me some money, now all of a sudden they went to court and put a case against me , that they have paid the EMIs and put the deposit by themselves and they secured loan for me. They also appealed to court for an Injection order so that neither I can enter the house nor I can sell the property with bank help.They have submitted asuit for partition and separate possession.
I live out of India , and the summons requested me to be in Hyderabad in last week of April. But I can't rush living my regular job, an infant and kid school. I need atleast 6 months to respond officially.
In terms of the Loan ,there are still some more EMIs to be paid for that property. But the house is registered on my name and bank loan as well.
Couple of questions
1. How much time the court will wait to attend the hearing, I have a two month baby so can't travel to India quickly.
2. Is there a way I can vacate them from the property and legally they shouldn't have any rights on the property( although at the current situation they dont have but they are mentioning that they have been living there for long ).
3. How long will it take to settle the matter through court.
4. I have evidences that I have paid the initial deposit and paid most of the EMIs, but I dont have evidence that they will be paying the money which they owe me as EMIs.
5. My brothers never made money but still they filed the case on me for partition and separate possession, I want them to teach a good lesson by fighting , will they be penalised for wasting court/judge time if they found guilty ?
Please advise me how to go from here ....
