Should I proceed ex-parte or consult advocate in property partition?

There are a total of five equal shares (brothers and sisters). Plaintiff 1 and 2 have filed a case against the remaining three for property partition. I am the fifth one and also agree to the partition. However, due to communication problems, the plaintiffs have not contacted me. Defendants 3 and 4 are unwilling to participate. A hearing has already taken place, and the next one is scheduled for this month (January). My questions are: Should I proceed with an advocate, or can I make this case ex-parte? If I leave it as ex-parte, will it cause any problems in the future when the partition takes place?

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Advocate By LEAD INDIA Answered: 25 Apr 2025

You can file a written statement in court if you have not been contacted. If you choose to proceed ex-parte, you might lose your chance to present your side, but it will not  prevent partition. It's better to consult a lawyer to ensure your interests are protected during the process and avoid future complications. For further legal assistance contact us on our helpline number.
 

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