Urgent advice needed for 16-year-old partition suit final decree – non-cooperative widow, reimbursement of expenses, protection
We need urgent guidance on completing the final decree proceedings in a long-pending partition suit.
Case Details:
Suit filed in 2008 for partition of joint family property.
Preliminary decree already passed several years ago, allotting 1/5 share to each branch (total 5 branches, including our mother Padma as one branch).
One plaintiff (my brother Vijay) passed away after the preliminary decree.
Vijay's legal heirs: Widow Divya (married to Vijay in 2017 only), two minor children, and our mother Padma (as Class I heir).
Opposite party came for a settlement to proceed with this case.
Our Branch's Situation:
From 2012 onwards, I (Kiran) have solely borne all litigation expenses (court fees, advocate fees, stamps, commissioner warrants, etc.) — first from salary/savings, then loans after COVID income loss, during n After covid, income dropped heavily, sold 30grams digital gold that I’ve accumulated, later I started taking new loans to repay the earlier loans. Because of the delay, one loan led to another with high interests, that’s how it reached this much today (excluding what I’ve already repaid).
Current outstanding loans: ₹16 lakhs (plus already repaid amounts with high interest).
Our mother Padma sold her personal gold jewellery in 2008–2009 to start the case.
No other co-sharer contributed even one rupee.
Problem with Divya:
Divya is refusing to sign vakalatnama or cooperate, saying “I don’t trust you”.
She has a history of severe harassment towards Vijay (threats, suicide threats, saying “we will live in peace only when you die”, forwarding news of wife killing husband with threat “this will happen to you by my hands”, installing call recorder on his phone, checking it even on the day he died).
We have recovered original call recordings and messages as evidence.
She once tried to file false domestic violence case at police station (while never living with us).
Because of all this, any family settlement or talking with her is impossible.
What We Want (Through Court Only):
Substitution of Vijay's legal heirs.
Proceed ex-parte against Divya’s branch if she does not cooperate.
Appoint court commissioner to execute registration/sale documents on behalf of Divya/minors.
Direct minors’ shares to be deposited in fixed deposit till majority — no withdrawal without court permission.
Reimbursement to me (outstanding loans + repaid amounts) and mother (gold value) under Order 20 Rule 18 CPC from sale proceeds before distribution (litigation expenses for common benefit).
Our Plan:
Register our branch's 1/5 share in our names and sell privately for better price.
Vijay’s branch share to be handled through court commissioner if needed.
Questions:
How to file strong IAs for the above reliefs quickly (with our evidence of threats)?
Is reimbursement under Order 20 Rule 18 possible on affidavit + loan documents + advocate certificate (no item-wise bills after 16 years)?
Timeline if we go ex-parte + commissioner route?
Asked 17 hours ago in Property Law
Religion: Hindu
Thank you all for the helpful advice.
My current lawyer is advising the opposite:
* When I told him we want the court route to avoid drama and harassment from Divya and her relatives, he said the court doesn't do that, you have to settle it with Divya outside court.
* He says the court "won't care" about the reimbursement.
* He says reimbursement is not possible without Divya's signature or a will from Vijay approving my expenses.
* He says the court will ask "what is the proof your loans were used for the case only".
* He says I should settle with Divya or transfer my mother's share to my name to cover the loans.
Is all this correct?
Specific clarifications:
Can the court itself handle full distribution (deduct reimbursement + deposit minors’ shares in FD + pay Divya her 1/20) without us settling outside?
Is reimbursement under Order 20 Rule 18 possible on affidavit + loan documents + advocate certificate alone (no item-wise bills after 16 years, no will/Divya signature needed, even if loans are general)?
Can recordings (death threats, suicide threats, “we will live in peace only when you die”, forwarded wife-killing news with “this will happen by my hands”) be used to remove Divya as guardian and appoint grandmother Padma?
Please clarify, we want only the court route, no settlement or talking with her.
Thank you.
Asked 14 hours ago
