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UI am from Bihar. My extended family has considerable size of land and partition suit is ongoing for many decades (my deceased grandfather has not got his share yet). Now, one of my uncles is currently ‘fighting’ the case. He has the Power of Attorney from almost everyone. My father recently passed away and me and my mother and sisters had also given him the POA. Now,my uncle doesn’t voluntarily tells me the things happening in the case unless I ask him, to which he says things like ‘napai’ is going on, etc. So, it is obvious that he has not the best intentions (but he is incompetent too in these matters it seems). I feel that they(he and other uncle) are genuinely not interested in partitioning the land and are happy living in the same old ancestral house and taking themselves all that we are getting from bataidaars and shops. I currently live in the hometown (ancestral house) for work but will move on permanently soon. Now, I want to know a few things in this regard:
1.What can he do legally or illegally do if or when the partition eventually happens? He may choose to not tell me and may sell ‘x’ part of land. I understand selling land by using POA has recently been banned in Bihar. But It would be better if anyone can enlighten me on this.
2.Should I continue with POA? considering I don’t understand the nitty gritty of the case and also will be unable to go to court on every date.
3. Will I need a representation if I take away the POA? My line of thought is as the case is going on, if I take away the POA, then the uncle will have to tell me everything and have to come to me every time to take our signatures. He currently uses POA and never tells us anything on decisions is taking.
4. What is the process of taking away the POA?
I understand that vakalatnaama will have to be filed by us. Should we approach court directly or through a lawyer?5.
How can I know the current case status? They don’t update regularly on e-courts.6. Is it worth pursuing this in Bihar? It is worth a lot, but I hesitate actively pursuing it because of unnecessary complexities, my career and the fact that my previous 2 generations have died and still nothing has happened. I think at worst, my uncles will take larger portion and give me a smaller one. They can’t take everything.
Any advice would be greatly appreciated.
Thanks for your time.
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