Partition after losing title suit.
Querist :
Anonymous
(Querist) 19 January 2011
This query is : Resolved
Dear Experts
i need your advice in following,
1. A father-in-law dispose all his coparcenary property in his hands to his adopted son by "will".(not givin any property to his widow daughter-in-law).
2. The adopted son file suit for title and win the case in which the widow daughter-in- law was a defendant, she contest the suit and but suit degreed agaist her, since the widow not filed any document to prove that the suit property are copercenery.
3 No more appeal against the final order exist.
4. the court holds that the property was self acured by the testeter since the widow not file any evidence that property is copercenery.
5. But the real fact is, all the property are ancestry properties the father-in-law got all by registed "will" from his father. the widow not filed this “ will" in the case and lost the case.
In this situation can she file a partition suit in the property of her father-in-law (will property) by the evidence now in hand OR the degree given against her will bind her not to file partition.
Please answer me sir, thanking you.
Guest
(Expert) 19 January 2011
DEVOLVING OF INTEREST THROUGH A WILL IS ALSO A SELF ACQUIRED ONE. SO THE D.I.L. CANNOT FILE ANY PARTITION. AS SUCH THE PROPERTY IS SELF ACQUIRED WHICH ARE TRANSFERRED LEGALLY AND AFFIRMED BY A CIVIL COURT. ONLY WAY TO FILE AN APPEAL (IT IS ALSO OF NO USE)
Querist :
Anonymous
(Querist) 19 January 2011
Thanks Ganesan sir, but the "will" disposed as "you and your heirs(widow's husband) should enjoy the property",and not given alone the the father-in-law.
