• Regarding sold property

My mother-in-law had purchased a land(where we are residing now) in the year 1989 from Mr. X. Mr. X had taken a loan from my mother-in-law and since he could not return it back he sold it to her, in which even Mr.X's wife had signed. The agreement also states that Mr. X has no successors and further none of his legal heirs shall claim for the property in future. But the property sold my Mr. X is acquired by his grandfather. 

Now the issue is, the wife, the son and the daughter of Mr. X has filed a case against him and my mother-in-law claiming for the property. Mr. X's children were not born in 1989 i.e., when my mother-in-law had purchased the property.

In the year 2009 the judgment was in favour of my mother-in-law by the high court. 

Again they filed a case in the civil court claimimg for the property.

Recently my father-in-law expired and at the same time our lawyer met with an accident and he was bedridden. So he could not attend the court for almost a month. We were not aware of this and we were also busy with the last rituals of my father-in-law. 
Now the judgment is passed against us stating to vacate the property as our lawyer did not attend to the court.

Please suggest and help us
Asked 7 years ago in Civil Law

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3 Answers

1) file application to set aside judgment

2) draw attention to Hc order

3) mention that your mother in law could not attend court as her husband expired and lawyer met with accident and was bed ridden

3) enclose father in law death certificate and medical records of lawyer

4) court would set aside judgment in interests of justice

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

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However nothing to worry as you can file petition to set aside the ex parte order.

If the judgement is passed on merit you can prefer an appeal also.

Your opposite party has no merit in their case.

So have patience the victory will be yours only.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

If the case was filed against your father in law then his legal heirs have to take up the case.

But since it is a case agaisnt yor mother i law and if she is living,she has to file a petition to set aside the exparte decree.

The court will not accept the flimsy reasons due to which you could not follow up the case.

No court will dismiss the cae within one month default, you would have received notice on this if your lawyer had not represented, hence do not take shelter under some vague reason instead try to restore the case based on the genuine reasons or as per law.

Dont lose the good case due to your own lethargy or irregular follow up.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

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