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PJust some background about the case. My grandfather died intestate and he has four children: a son and three daughters. The dispute is about a property that my grandfather built (not ancestral property). My mother, who is one of the daughters, asked my uncle for her share in the property. My uncle has steadfastly refused this claim saying that women aren’t entitled to a share in their father’s property. I know this is bull as the laws have been amended. Not just that, after my grandfather’s death my uncle got my grandmother to sign a gift deed transferring the property to him.
Currently, we are fighting a partition suit in the city civil court. It has been about five years and only last year was my mother able to provide plaintiff evidence after numerous delays by my uncle’s lawyers. Till now my uncle has not come to court for cross-examination as his lawyers have been stalling the proceedings by filing petition after petition. Just when it seemed like the case was proceeding in the right direction, my uncle filed a petition saying that the court has no jurisdiction and that the value of the property exceeds the court’s jurisdiction and unfortunately the judge ruled in my uncle’s favour. It goes without saying that we have filed an appeal.
I have a couple of questions and would like a second opinion:
1) Is there any chance of winning the appeal?
2) If the case was not within the court’s jurisdiction, why proceed with numbering of all documents and plaintiff evidence.
3) Say we lose the appeal, does this mean we have to proceed again from square one.
4) How long can such matters drag on?
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