3 Legal Heirs (2 living abroad and one in Mumbai) on one side, 4th dishonest legal heir brother in Delhi already cashed FDs & took savings account money which were all in mother's name by physically torturing her while she was alive, father passed away in 2009, RD executed by all legal heirs in favor of mother upon father's death. Mother passed away in Jan 2021. Now the dishonest brother wants to grab family properties. Police complaints already filed by all 3 legal heirs as per our lawyer's advice. Police took no action as they were bribed off by dishonest brother. Our lawyer has already filed a case in district court (Hearing in Feb end 2022) under section 200 of CRPC, section 420/467/471/406/120b/34 of IPC read with section 156(3) of CRPC. We informed SDMCD not to mutate the properties which is asking us to submit copy of partition suit. Requested lawyer as to how to respond to MCD email. We have been requesting lawyer to file partition suit in Delhi High Court, but lawyer is not responding to our phones/messages. Please advise as to why our lawyer has not filed the partition suit in Delhi High Court as yet.
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A partition suit is imperative in your case. Moreover, a recovery suit should also be filed against him for dishonesty taking away all the property from your mother.
Why is he not filing a partition suit is a very difficult question to answer but what you should do is change your lawyer if he is not responding otherwise your brother may do whatever he pleases.
P.S. if you need a lawyer in Delhi you may contact.
You can engage another lawyer for filing partition suit
give your lawyer deadline for filing failing which engage another lawyer for the same
Actually the remedy to this situation is through civil court only and not through the criminal laws.
You should have filed a suit for partition in the first instance itself.
Even now you can proceed to file a suit for partition before the court competent.
If this lawyer is not responding or cooperating you my change the lawyer instead of hanging around the reluctant lawyer.
please engage a good, competent and honest and more importantly a receptive and replying lawyer who can file the suit for partition and injunction in the civil court
why are you stuck with the same lawyer who does not respond to you?
why that lawyer is not taking steps, how can other lawyers predict that?
the prudent thing in that case to do would be to engage another lawyer
the mutation cannot be stopped. so the MCD is right in asking for a partition decree
You need to send a notice to your lawyer and seek explanation. If not answered change him
