We have a property duly in joint name with my mother (defendant) and father's younger brother(plantiff) purchased in 1977. The whole amt for purchase and construction subsequently was paid by mother and out of my father's affection he included his brother's name in sale deed as joint owner.
The prime issue was that weather the property was purchased and construced jointly and hence liable for partition & compensation? The lower court, after 5 years of trial, pronounced the judgement that since plantiff was unable to prove that he has paid any money to purchase the property and construction, hence no compensation is awarded. The court has rejected and decreed the same despite his name in sale deed on basis that compensation can be granted only when there is money paid during buying of property.
My question is that does it mean that my mother is 100% owner of property? Also how can we recover the possesion of property? Please advise.
