Property descritption :
Suit for partition and separate possession
Location : Karnataka
Nature : Self aquired property of my grandfather -Died wihout making will
My father ( expired ) -held the property absolutely though not an absolute owner
Case Filed under Hindu succession Section8 for my share in the property
I ( Female legal heir ) am out of possession of the suit property
My brothers are in possession of the suit property .
Defendants (My brothers -2 in number ) Claim - Have Set up the defense that our father -is absolute owner of the property . Court takes the Adverse Inference -on me producing documentary evidence of the non existence of the will in my father 's name . An that my brothers are in possession vide will deed and gift deed done in their favour - executed by my father . Now after filing the application - ADMIT THE FACTS - Documentary evidence of Non existence of WILL DEED in my father's name - produced by me issued by the Registrar office -My brothers /defendants -maintained silence on this issue -Although in their written statement to my plaint they have submitted the existence of the WILL -an now appearing far away from the reality -Based on which the court drew an ADVERSE INFERENCE REGARDING THE WILL -and said that Plaintiff ( Me ) can "TAKE THE BENEFIT OF ADVERSE INFERENCE .
My queries :
1. What is the exact meaning /Interpretation of Benefit of Adverse infernce in this instance
2. What is the type of benefit that can be availed by me under this direction
3. Can I claim for possession of the suit property along with my brothers when the Court has drawn an
adverse inference regarding the WILL
4. If so / yes under what section should i file the application and what matter to be incorporated in the IA.
Kindly hepl .....Thanx in advance to all the lawyers for their valuable suggestion and advice .
