Legal Question in Wills and Trusts in India

Ancestral property was in the name of two cousins - A & B. C got the property of A transferred on his name on the pretext of will of A.40 yrs. back. But still his relations with original family members were good & they allowed him to manage their property since there were several heirs & all of them were only occasional visitors. Then daughter in law of C also got property of B claiming as wife of nephew of B (false claim) 20 years back. Nephew of B - only surviving heir of original property got his name registered on all properties of A & B being member of original family as co-heir, 15 years back with the consent of daughter in law of C. But since he is away from his village, even though property is in the joint name, daughter in law of C is trying to claim adverse possession & sell the property.

1.Can nephew of B can file a partition suit to avoid further complications. 2.Whether her plea of adverse possession will be accepted.

3.whether will made 40 years back can be challenged in court.

Asked on 6/13/13, 2:04 pm

1 Answer from Attorneys

Jayesh Desai Jayesh Desai

You story with A B C is quite confusing - please write with more clarity.

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Answered on 7/05/13, 10:32 am

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