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Sita Vallabhav (service)     12 August 2015

Property in joint name and in possession for last 50 years

Respected learned professionals of LCI,

I am common friend of the family. ( Various discussions with the family memebers a clear picture is emerged to me hence the query, respected professionals... )

Brothers Vishnu, Mahesh, Ram, & Ganesh got their father's property partitioned in 1959 by registered partitioned deed .K.erala.

In this partition, property of Mahesh and Ganesh is kept as joint property in the name of Mahesh and Ganesh together. (The reason stated to keep Mahesh's property also as join property along with that of Ganesh was that mahesh was diabetic and he was not interested to mariage. So elders thought it fit to keep his property together with that of Ganesh as Ganesh will take care of Mahesh. Also Mahesh was not in good terms with other two brothers Vishnu and Ram.)

Mahesh was unmarried and he died on 1969 at the age of around 50.

This joint property is enjoyed by Ganesh, his wife & children, ever since the death of Mahesh who died unmarried.

All other brothers : Vishnu, Ram and Ganesh were married and has wife and children.

Vishnu, Ram and Ganesh have died.

Now, in 2015, the family of Vishnu and Ram approaches Ganesh's family demanding partition of the share of Mahesh for them claiming they are co-owners of the property as class II heirs of Mahesh.

But Ganesh's family tells them that, Mahesh under the will dated 1967 bequeathed whole of his property in the joint holding to Ganesh only.

The will written in 1967 is non registered but witnessed by two persons.

How Ganesh's family prove the authenticity of the will as it is not registered and not probated ( They do not know whether the will needed to be probated long ago) and the witness have died now.

Now family of Vishnu and Ram ha ve informed Ganesh's family that they will go to court and disprove the WILL.

The Will is made 47 years ago.

The two witnesses are not alive now.

Nobody has till now staked claim on share of Mahesh as class II heirs in the joint property in the names of Mahesh and Ganesh.

The said joint property is possessed and enjoyed solely by Ganesh and his wife and children.

When the matter goes to court and the Will is produced in the court, Whose burden it will be to prove or disprove the authenticity of the Will?

What are the chances, the court allowing Ganesh's wife and children continue to possess and enjoy the property as per the WILL?

Will the court support Ganesh family on the basis of Survivorship? since the property was on joint name,the survivor will have right over pre-deceased partner)

Is limitation period in favor of Ganesh family?

please enlighten  sirs..


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