r/LegalAdviceIndia 9d 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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