suit for partition of property
Querist :
Anonymous
(Querist) 06 March 2010
This query is : Resolved
hello sir,
i lost a suit for partition in the ciil court at bangalore.
the judgement was given without considering certain facts under section 52.
now i would like to know if i can go to high court for an appeal,if yes what are the chances for me to get back the property.
i brought the property for valueable considration. i am a bonafide purchaser.
the seller inherited this property from his father by virtue of a registered WILL
his sister had filed the case. the seller is absconding & i had to fight the case
i had got the sub registrar come along with
the thumb impression book & give witness
during evidence as i don't have the original Will with me. even after doing this bit the judgement said that i have not proven the will. can anyone help me
B K Raghavendra Rao
(Expert) 07 March 2010
You may file RFA in Karnataka High Court. Judgement needs to be studied in detail to know why the court did not agree with your contention. You say it is a partition suit. What I understand is that sister had filed the case for partition of the property which you had purchased. Sister had inherited the property along with her brother after the death of the father. The WILL which is in the name of the brother is not proved and hence your contention is rejected and partition allowed between brother and sister.
Am I correct? If so, the evidence and the judgement need to be studied in detail before answering your query. You have not taken proper steps to establish the WILL. Moreover, mere WILL is not sufficient for inheritance of property. Succession certificate must follow that.
adv. rajeev ( rajoo )
(Expert) 07 March 2010
Without going thru., the evidence and judgment and what documents produced advise cannot be given to file RFA. So better to consult your lawyer or my collegue. Hemant R Chandanagoudar, Advocate, 1082, High Point 4, Near Chalukaya Hotel,Palace Road, Bengaluru cell No: 9845078455
MANISH SONI
(Expert) 09 March 2010
i think if it is a decree of civil court then appeal will before lower appellate court not before HC . . . .regrading will detail evidence as well as judgment has to be seen . . . .but one thing is there if you have to shift the onus of proving the will by preponderance of evidence and that is there coz firstly will is there and secondly sub registrer is giving evidence in your favor so now the onus is on the plaintiff . . . if will is proved then the property will come out of preview of ancestral property and then the seller has every right to transfer it . . .
