partition of property.
mihir kr. ghosh
(Querist) 21 June 2010
This query is : Resolved
property belonged to deceased mother, left behind 12 sons and daughetr, there after father died on 1982. the plaintiffs have instituted a suit for partition of property against two brothe(defendants).
the two defendants have been residing there with their parents, others were in different location due to service and marriage of daughters and so on.the defendants contested on the plea of that they are exclusive owner as per ;
i)oral will of the parents,
ii) they have constructed 1st and partly 2nd floor on the suit propertyby their own fund, accordingly, owner as per easemenr act,52.
iii)suit barred by time.
please clarify.
thank you.
Adv Archana Deshmukh
(Expert) 21 June 2010
A will in order to be valid should be in writing, signed by the testator and attested by 2 witnesses. Even if the defendants have made some construction on the property it shall not bar the plaintiff from getting his legitimate share.
B K Raghavendra Rao
(Expert) 21 June 2010
Oral will is not valid. Merely spending some money for construction of part of house does not entail them ownership of the property.
A suit for partition is maintainable and is not barred by law of limitation.
niranjan
(Expert) 21 June 2010
If the property is not divisable,the sharers can be given money,alternatively counter claim can be filed.
