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Queries Participated

sankardas chatsant   12 July 2015 at 09:44

How to prove that a will supposesdly old by 45 yeas as forged will

Respected Sirs,
Partion of father's property done in 1956 by registered deed between brothers Suman, Prathap and Murugan.
As per the Deed, Schedule A for Prathap and Schedule-B is for Suman & Murugan together as joint holding.

Suman, un-married, without wife or children died at the age of 48 in 1966.

The joint property is possessed and enjoyed by Murugan & heirs of Murugan, since the death of Suman. even now that is 2015

Prathap and Murugan, both have wife and children.

Both Prathap and Murugan are not alive now.

Heirs of Prathap approaches in 2015 for partition of the property of Suman as class II legal heirs.
Murugan family informs about a WILL of Suman bequeathed favoring Murugan.

Prathap family is sure that the WILL is forged and they want to prove it?

The dilemma is the property is in possession of heirs of Murugan.
What is the procedure of the heirs of Prathap to prove that the WILL is forged?

Now No case is pending regarding the property.

1. Whether the heirs of Prathap has to file a partition suit, and when heirs of Murugan produces the WILL they have to challenge it ?
2. Can they challenge the authenticity of the WILL as Suman made the WILL at the age of 48 is itself doubtful?
3. Some experts have also opined to them that As per Evidence Act any document which is old by 30 years or more is presumed to be valid.

4. No Probate for the said WILL... But Probate of the will is necessary when some property mentioned in will is to be recovered from some third Party. Here there is no such question, as the property in dispute is in possession of heirs of Murugan.

Thanking you in advance sir...

sankardas chatsant   21 October 2014 at 18:11

Agricultural land & non-agricultural land procudure for partition suit

Respected Experts & professionals...
A deceased person having his share agricultural land and non-agricultural land for partition. This he got by way of registered partition deed of 1958.
The legal heirs of this person, if prefers to file a partition suit for the partition of the above mentioned both properties, whether they can file a single partition suit or will they have to file separate partition suit for agricultural and non-Agricultural land ?

sankardas chatsant   11 October 2014 at 01:13

Partition of ancestorl property

Dear Respected Experts

I have a Query regarding Property partition of my best friend from Kasargode.. hope your good offices can help him...
My friend says...

My paternal grand father's inherited property was partitioned between my father & 2 brothers after the demise of grandfather.
Their names... Eldest one is Sri. Karunan, 2nd one is Sri.Pavanan, and 3rd one is Sri. Sugunan (my father).
The partition was done and the deed was registered in July 1957.

Partition was registered as 2 schedules namely,
Bank deposits and land as per Schedule A for eldest brother Sri. Karunan
Property as land as per schedule B for 2nd and 3rd brother (my father) as joint holding


The reason for keeping properties for 2nd and 3rd brothers as joint was that the 2nd brother was not well and unmarried. my father was to take care of that 2nd brother. This was orally agreed between all during partition.
So the schedule B was kept for my father and his elder brother together. jointly

The 2nd brother died in 1967 unmarried.

Both my father and his eldest brother were married and have family and children.

Both my father and his brother died in due course.

My father was enjoying the property as per schedule B without any claim from other brother when he was alive or his wife or his childrens for the share of property of demised brother who died unmarried in 1967.

Till now that is till 2014, nobody has claimed share of demised unmarried brother's portion of partition.

My humble question is sir,

Can we partition the property as per schedule B among we children, as we think sole right of the schedule B is for my father.
Can the family and children of my father's brother (Sri. Karunan) come and claim for the share of brother died in 1967 (Sri.Pavanan) ?
Are we entitled to give their share claiming adverse possession?
If they come and claim for share will it be time barred?

My father had a sister late Mrs Suguna at the time of partition in 1957. she was not given anything in the partition and not made a party of the partition deed of 1957. She has children who are alive now in Orissa. Can the children of mrs. suguna came and file a suit for cancellation of the deed of 1957 and pray for re-patrition making them also parties.


Kindly enlighten me sir.
regards,
sanker