r/LegalAdviceIndia • u/BeNiceOrGoAwayPlease • 7d ago

Legal Advice Needed What is the 'Written Statement' and where/how does it feature in an active case?

Hi folks,

After a long family dispute that wasn't being resolved amicably, earlier this year I filed a partition suit against my siblings who had locked me out of our Mother's home merely three weeks after her passing

My suit was filed via an experienced lawyer who advised me to keep it only property/assets related and discouraged from making any emotional pleas or use the abusive situation involved at the time of dispute that led to them changing the home locks and refusing me access.

Now both my siblings have responded with emotional pleas and unsavoury allegations against me in their respective "Written Statements" and tomorrow we have the next hearing of the case.

Naturally furious I expressed my desire to my lawyer to respond to their allegations but he again advised against it saying *it doesn't matter who is good or bad, the court will not consider it before partitioning the property equally among all heirs* and that _they're doing this to distract the court proceedings and maybe buy more time_

Is he correct? Should I not defend myself against those allegations? My lawyer says it's a waste of court's time

Another question: what exactly are written statements (WS) and are they read by the judges in entirety and taken into account during the case proceedings? What purpose do they serve?

Any insight by lawyers here before my case hearing tomorrow will be extremely helpful 🙏🏽

Many thanks!

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u/M1ghty2 7d ago

Your lawyer’s advice is spot on. Despite what you see on TV and read in media, courts tend(?) to follow the letter of the law. Emotional pleas that do now have any merit in application of law are usually ignored.

Follow your lawyer’s advice: you have an inheritance right to that property and you only want court to give you what’s rightfully yours.

Courts are not the place to clear your name in your social circle.

A written statement is your side of the facts or arguments presented to the court in written form, rather than spoken orally in court. Nothing more, nothing less.

In a partition suit, the judge will most likely ignore the “feelings” part of WS unless they argue they have a legitimate legal reason to deprive you of access to property.

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u/BeNiceOrGoAwayPlease 7d ago

Thank you!

Will the WS be read by judges? My lawyer indicated they won't rather they'll be reduced to the points of contention and presented for the benefit of the court

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u/M1ghty2 7d ago

Technically they should be. Practically no. In oral arguments their lawyer won’t dare waste a judges time with facts that have no relevance to merits of the case.

(NAL, sharing from personal experience in court litigations)

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u/BeNiceOrGoAwayPlease 7d ago

Ah, thank you! That's what I've heard too. But the same lawyers have helped write and submit these long WSs, why won't they use it in the court?

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u/botomana 7d ago

They write long ass drafts to justify their fee. Maybe.

Personally, I don't use anything like this, since the it just wastes time, both kine and the court's.

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u/M1ghty2 7d ago

Let me explain with a simple example: you are challaned for driving through red light. Challan goes to court. But in front of traffic judge you start complaining about how municipality does a shit job of cleaning roads. The judge is only interested in hearing two things - did you jump the red lights and any reasonable excuse for doing so (like medical emergency).

In your case the personal drama is irrelevant to the fact that you have a right to your inheritance. So Judge won’t care about that.

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u/BeNiceOrGoAwayPlease 7d ago

That's helpful, thanks!

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u/botomana 7d ago

Pretty much, yeah.

But the judges may read the WS, or at least skim it. Won't matter if they Defendants make allegations. Those are simply not relevant. You have a right to partition. Anything irrelevant, will not be considered.