How should I proceed with my property case ?
I sued in court in 2018 for my share of the property and received a judgment in 2021, granting me 1/5th share in my favor. Three years after the judgment, I learned the full details of the property. In 1988, my grandmother had written in her will that the property should be shared between me and my brother. Accordingly, I am entitled to 1 out of 2 parts. Please advise me on how to proceed with this case.
In order to move your case forward, you have to lodge a petition in court so that your right is enforced through your grandmother's 1988 will. There you are entitled to a 1/2 share of the property. This will be presented as new evidence so that the judgment that was received by you would cancel out since it was just a 1/5th share. The court can potentially modify its judgment or earlier order to be in your 1/2 share entitlement. It is always wise to consult a property lawyer to better navigate the legal complexities and make your case stronger in court.
Proceed with your case by filing a petition in court enforcing your entitlement based on your grandmother's 1988 will, where you stand to receive a 1/2 share of the property. With the judgment granted to you already of 1/5 share, it is a good point for you to argue that such a share is inadequate, given the new evidence on the will. Present it to court along with support documents to have the earlier judgment amended with the rightful share that one of the partners deserves. A property lawyer is helpful and will advice to be effective in the legal procedure.
Sir, you should consider filing a Review Petition or an Appeal to ensure that the court considers your grandmother’s will in determining your rightful share of the property. Additionally, if the will was not previously probated, initiating that process may be necessary to establish the legal basis for your claim. It is advised to consult an expert lawyer who will assist you in understanding your rights and obligations. For further legal assistance contact us on pour helpline number.
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