• Property right

My name is chandmasi .I live in lucknow with my husband & son. I have 2 brother who live in kannuj(uttar pradesh). after my parents death i clam for parental property. but my brother was not agree to give me my share. I appoint a lawyer & file a case in civil court kannuj.but after some time my lawyer tieup with my brother without my concern.he stop proper take care of my case that's why civil court refuse my case. & my brother started buy & use my parental property without my concern. what can i do to get my shair in parental property.
Asked 1 year ago in Property Law from Lucknow, Uttar Pradesh
Religion: Hindu
1) you must have filed suit for partition  to claim your share in property

2) you have not reproduced court order dismissing your case 

3) if you are aggrieved by said order you can file appeal before appellate court 
Ajay Sethi
Advocate, Mumbai
31159 Answers
1709 Consultations

5.0 on 5.0

WELL. FROM YOUR QUERY IT IS NOT CLEAR THE NATURE AND PRESENT STATUS OF SUIT.
Do note that you have to file a suit for partition wherein you can claim your undivided 1/3 share in the Porter left by your parents.
If the earlier suit is dismissed then you can file fresh suit.
Devajyoti Barman
Advocate, Kolkata
8182 Answers
98 Consultations

4.9 on 5.0

1) you cannot file fresh case in another city like Lucknow or n the HC 

2) partition suit had to be fled where property is situated 
Ajay Sethi
Advocate, Mumbai
31159 Answers
1709 Consultations

5.0 on 5.0

I am not in a position to confirm that your lawyer connived with your opponent. These are wild accusations that most disgruntled litigants make at the throw of  a hat against the lawyer. Be that as it may, you can engage another lawyer to assail the order of the lower court in the higher court which can set it aside and decree your suit throughout with costs. 
Ashish Davessar
Advocate, Jaipur
20371 Answers
537 Consultations

5.0 on 5.0

You cannot file a fresh suit, you can only avail the corrective process through filing of an appeal.
Ashish Davessar
Advocate, Jaipur
20371 Answers
537 Consultations

5.0 on 5.0

My name is chandmasi .I live in lucknow with my husband & son. I have 2 brother who live in kannuj(uttar pradesh). after my parents death i clam for parental property. but my brother was not agree to give me my share. I appoint a lawyer & file a case in civil court kannuj.but after some time my lawyer tieup with my brother without my concern.he stop proper take care of my case that's why civil court refuse my case. & my brother started buy & use my parental property without my concern. what can i do to get my shair in parental property.

You have to immediately engage another lawyer find out the status of the case, if it was decided exparte or dismissed for default, the case has to be restored and contested properly
You are eligible for a share in theproperty do not ignore it, fight the case through another lawyer.
T Kalaiselvan
Advocate, Vellore
21322 Answers
208 Consultations

5.0 on 5.0

I feel some difficulty to continue my case in kannuj. can i file a fresh suit from different city like lucknow or high court for partition wherein i can claim my undivided 1/3 share in the Porter left by my parents.

You cannot file a case in any outer jurisdiction.  The partition suit can be filed only within the jurisdiction where the property situates.
T Kalaiselvan
Advocate, Vellore
21322 Answers
208 Consultations

5.0 on 5.0

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