Lawfully yours: By Retd Justice K Chandru

The partition of residential property in our hometown, inherited by our grandfather, is not carried out by the nine legal heirs (five male and four female) even after the demise of our parents. When we attempted to divide the property by mutual consent, one brother refused to sign the deed. On June 19, 2019, the second brother, who is the fifth legal heir as per birth order, filed a civil suit in sub-court claiming he is the sole owner of the said property. Pursuant to this all the other eight heirs filed vakalat through an advocate and submitted a written statement on October 1, 2019, contradicting all the false and unfounded charges levelled by the plaintiff. Due to the COVID-19 pandemic, the trial of the suit is getting postponed. Almost two and a half years passed in the process. The plaintiff, a retired Co-op audit officer is 69 years old and his four elders are aged between 71 and 76. These senior citizens, now living in Chennai and Coimbatore are suffering from age-related health issues and under medication. In this context, can we demand a speedy hearing and final judgment? Secondly, will filing a partition suit by our elder brother suffice to find an early redressal. 

— K Annamalai, Pallikkaranai, Chennai-100 

You can request the court in which the second brother has filed the civil suit claiming full ownership to refer the case to a mediation centre operated under the aegis of Madras High Court. The trained mediators can put sense into all concerned and bring about a compromise and a lasting peace. All these can be done without spending any amount on these efforts. Your grievance regarding the delay in the court system is a common theme in civil matters. 

DISCLAIMER: The views expressed here are of Justice K Chandru, who is providing guidance and direction based on his rich experience and knowledge of the law. This is not a substitute for legal recourse which must be taken as a follow-up if so recommended in these columns