partition of land

muthusamy (Querist) 04 June 2009 This query is : Resolved
Two elder brothers of five brothers filed a partion suit against the three younger brothers. Among the three younger brothers two accepted for 1/5 the share of the suit property.The younget among the brothers stated that the property is not for partiton and there was a family arrangement which was already made between the brothers where as his statement was a false one and there is no documentary evidence to prove his statement.

The property is for the 5 brothers by the virtue of a will by the testator.

I hope that when the property is testatory , the family arrangement ,assuming that it is there, is not valid by law. If I am correct , you, learned lawers ,please provide the law for my statement to read it in high court argument.

Another point is one among the younger brother has stated that in the suit property some other propery too was included and he has no objection, if that property was removed from the suit property.

Unfortunately , the magistrate beleived his statement and dismissed the case for the reason that unnecessary properties were included.In reality, no such property was included in the suit property. The case is now in appeal with high court.

I hope that when a "will" is executed, the magistrate can ignore erraneous particulars in the 'will' and must give enough effforts to full fill the intention of the testator.

Please provide the laws necessary to put forward in the high court argument.

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Khaleel Ahmed (Expert) 07 June 2009
In the appeal the appellant court will see the errors done by the trial court. Your will be same on which grounds you have filed appeal. The appellant court will see grounds and will hear argument on the same. If there is any mistake found by the appellant court in the trial courts judgement. The appeal will be allowed.