Dear Client,
With permission of the court, you may also argue in court in a humble way in person. But it will be better if you hire a experienced advocate because you may not be full knowledge of the law.
Can I ask for in-person argument in a partition suit
My father during his lifetime purchased 818 sq.yds of site and built 2 floored Building and in 2001 registered a WILL in favour of 2 brothers to share equally. After My father demise in 2006. We brothers executed a Partition WILL enabling to use ground floor for my bro and first floor for me. But we not divided the land. My brother has sold his half share of undivided and unspecified share to a third person. Out of 818 sq.yds only 707 sq.yds has been the partition deed. I am now asking for division by court as per my fathers WILL. Can I argue my case in Court ?
Asked 6 years ago in Property Law
Religion: Hindu
12 Answers
Yes you have right to argue as party in person
Get survey of land done
2) you can file suit for partition for division of property by metes and bounds
3) rely upon sale deed which mentions actual area of land as 828 square yards
Dear sir,
coming directly to your query, whether you can file a case on the basis of the registered will?
answer to your query is YES.
you can file a probate case and an application for grant of letter of administration before the curt having jurisdiction with all the necessary documents.
the court will be looking onto the partnership deed while deciding the share in the property.
hope that solves your query
YUGANSHU SHARMA
ADVOCATE
DELHI HIGH COURT
Yes you can argue your case in court provided you haven't enrolled a lawyer
See for the remaining property you can seek partition if partition deed is already mentioned then court can consider same as evidence of partition. You can contest your case though.
Land owns by half each. If new owner is denying your claim than you should approach to court. Civil suits need legal expertise and perfect drafting. So, advocate is must.
You can file partition suit and you can contest your case on merits.
Dear client
Yes you can make the third person as party of the partition suit but it will be on the discretion of the court to allow the joiner or that third person on not in the partition suit.
If you are appearing as party in person, you can very well argue your own case before court, there is no legal infirmity in it.
Have you already filed the partition suit? If yes, you have to then discharge your lawyer to appear in person.
You have the right to fight your own cases without engaging any advocate. It is not necessary that you must engage an advocate to fight your case in a court.
