Adverse possession and will

chandrish (Querist) 09 April 2013 This query is : Resolved
I want experts advise related to a case

A sold house to B with execution of following docs around 22 yrs
1 registered will in sub-registrar office
2 GPA in favour of B
3 SPA in favour of B’s spouse
4 Affidavit of selling the house
A is dead and One witness for docs 1 to 3 is alive

B sold house to C with execution of following docs around 20 yrs
1 unregistered will
2 agreement to sell between B and C
3 agreement to sell between B,B’s Spouse and C
B is dead and One witness for docs 1 to 3 is alive
C is aged around 63

Sequence of events
Civil suit was filed incorrectly way back for probate of will & dismissed in default
Again declaratory suit for adverse possession was filed
Upon receipt of notice, legal hires of A responded that will is forged and is against a loan taken by A but no proof where as Legal hires of B became ex-party.
During the case C was told that no need to produce witnesses in the case
The case was dismissed stating that all the conditions for adverse possession ie continuous, peaceful, open, exclusive, except hostile as C had come into possession through agreement to sell with B which is permissive rather hostile.
During cross-exam legal hire of A stated that his father had taken loan but with no proof he had given conflicting statement ie he came to know sale of house on service of legal notice whereas on further questioning he stated that he met C way back and had told to vacate the house as earlier he was minor and did not recognize his father’s signature being illiterate.
presently appeal have been filed.

Questions are
1 can witnesses play any role here ?
2 C is being told that even if appeal for additional evidences is given it shall be rejected ?
3 Even if appeal is accepted, on basis of will from A to B legal hires of B would become owner ?
4 Isnt will and agreement to sell between B and C sufficient to prove ownership ?
5 As per my knowledge judgment should have been based on hostility between legal hires (paper owner) of A and C rather than on assumption that basis of agreement to sell between B and C, as B was not owner of that house till filing of suit and also statement of legal hire proves that hostility ?
6 Where do C stand, C is aged around 63?
7 can C persue her own case as she is tired of wrong legal advises?

8 please guide how she should persue the case?

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