Querist :
Anonymous
(Querist) 21 December 2011
This query is : Resolved
Dear All,
I have filed a suit for partition in the court.In the written statement the defendant has denied any share however, while talking to one of my relative on the phone the defendant has accepted/admitted that i have 1/3 share in the property.My uncle has recorded the conversation and its available on my mobile.
Can court pass a decree based on the admission as stated above?
R.Ramachandran
(Expert) 21 December 2011
Dear Mr. Rahul, You say that you have filed a suit for partition in the court. Can you tell what is the basis (i.e. basis of document) on which you demand partition?
M/s. Y-not legal services
(Expert) 21 December 2011
No need to produce any conversation proof. If you are legal heir mean, by producing the documents you are entitled to claim your share..
Sankaranarayanan
(Expert) 21 December 2011
Yes if u r really legal right for ur share then no more evidence to prove it
Sailesh Kumar Shah
(Expert) 22 December 2011
I have similar question as asked by Mr.Ramachandran.
Guest
(Expert) 22 December 2011
Not to say of admission on telephone, but even admission in writing, if it is in violation of any provision of law, would not stand in your favour.
So, unless you are entitled legally to 1/3 share in property, any such recording may not help you to win the case. You may have to prove legality of your claim..
prabhakar singh
(Expert) 22 December 2011
I am not ready to speculate. unless you answer query of Mr. Ramachandran only speculation is possible.
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