Property issue
Querist :
Anonymous
(Querist) 21 October 2023
This query is : Resolved
Dear sir,
Judgement given by court on dec 2021 regarding veelunama(WILL) both wills by plaintiff and defendant are not valid and also recovery of posession from defendant was not allowed.
As property belongs to my mother is partition is allowed.
property is under posession of defendant and not ready to agree for settlement and presently she was claiming adverse possession as she had property tax receipts from the year 2005 paid in the name of my mother.
PLEASE ADVICE?
T. Kalaiselvan, Advocate
(Expert) 21 October 2023
If this property belonged to your mother and if she has been reported to have died intestate then you as one of the legal heirs, are entitled to a share in it as a right.
you can file a suit for partition claiming your legitimate share in it.
Dr. J C Vashista
(Expert) 22 October 2023
All legal heirs of your mother will have a share in the intestate property left behind by deceased.
Advocate Bhartesh goyal
(Expert) 23 October 2023
As court declared the will of your mother invalid so all legal heirs of your mother are entitled to get equal share in her property. File a suit for partition and possession.
Querist :
Anonymous
(Querist) 23 October 2023
Dear sir,
Even though no WILL was valid,
She is claiming that she was in posession from twenty years.she had property tax receipts with her how court will consider this situation. Still is it beneficial for me to file a partition suit
T. Kalaiselvan, Advocate
(Expert) 25 October 2023
The law of adverse possession will not operate in this situation.
You can file a suit for partition and separate possession of your rightful share in the property
P. Venu
(Expert) 30 October 2023
You have chosen not to post the material facts.
It appears that the defendant has also claimed the property allegedly executed by your mother. How is the defendant related you and the mother? Is the defendant your sibling and hence a legal heir?
Querist :
Anonymous
(Querist) 30 October 2023
Yes sir defendant also claimed the property through veelunama but it was also not valid and not accepted by the court as per judgement, defendant was own sister she was posession from 2006 along with my mother , mother died in the year 2016 after that suit filed by me in 2017 judgement came on 2022
now can I file partition suit
T. Kalaiselvan, Advocate
(Expert) 30 October 2023
Since it is obvious that the mother or the property owner is reported to have died intestate, hence the legal heirs can either amicably partition the property or can file a suit for partition and get their respective shares allotted through court of law.
P. Venu
(Expert) 31 October 2023
In the given facts, there could be no claim based on adverse possession, the parties being joint occupants.
Further, the querist ought to have disclosed the complete fact, in the proper perspective, in the initial posting itself. It is an unnecessary burden on this platform and the experts when the querists play hide and seek with the facts.
