partition

Querist : Anonymous (Querist) 13 June 2011 This query is : Resolved
I am student,
My friends maternal gandfather made a will on dt 30 dec 2001 and it was not registed and nexst date he was opreted in pune and few days later he died. As per the will he given his whole propety to his wife name. clearly stated in that will only she is use the proterty to maintain herself. latteron mother of plaintiff distubuted some propery by way of gift and will to his son's and grandson's. Nothing is given to his daughter. Now plaintiff had known about the mutation entries record. Mother of plaintiff made 3 wills and on diffrent dates. Now brother's of plaintiff is claiming the property. Now plaintiff wants to parttition and seprate possession of her share.
What are the remedy is available to plaintiff.

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prabhakar singh (Expert) 13 June 2011
YOUR FACTS ARE NOT CLEAR .

R.Ramachandran (Expert) 13 June 2011
You say that your grand father on made a WILL on 30.12.2001. You are doubting that a WILL was made. You are also not contesting the contents of that WILL.

What you are contesting now is that your mother has not got any share from her father's property.

IF the WILL was made by your grand father in favour of your grandmother, then your grand mother is the absolute owner of the said property. She can do anything with it. If she has given the property to others and not to your mother, then your mother cannot question the same.

M.Sheik Mohammed Ali (Expert) 13 June 2011
yes, i do agree Mr.R.R view.

Ravikant Soni (Expert) 13 June 2011
He mean to say that by the virtue of grandmother got only life-interest can only use and occupation of property and didn't get absolute title. Despite of this she disposed off the property.

In this situation you should file the case of cancellation of conveyance deed executed by her and for partition and possession as well.

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