Property deed in the name of elder brother but financed by father
Property was purchased in the name of elder brother but financed by their father in 1914 (elder brother was 14 years of age at the time of purchase of property). Younger brother died in 1950 & elder brother died in 1973.Elder brother legally mortgaged the same property in 1963 stating that it also pertains to children of his deceased younger brother who were minor in 1963.He singed the mortgaged deed self & on behalf of minor sons of his deceased younger brother.
His major sons (elder brother's major sons) also singed the same mortgaged deed. The mortgaged is released in 1981.The children of younger brother claimed the share in the same property though it stands in the name of deceased elder brother still today (Originally financed by father of both brothers) where as children of elder brother accepted their share in Written Statement but finally denied the share of children of younger brother in their Examination in chief of Yadgir civil court (Karnataka State). Kindly give Citation of Apex court or any High court. It is Mohammedan (Muslim)case. I am plaintiff in this case.
Further details of the case
1) Elder brother was 14 years of age at the time of purchase of property
2) The genealogy shown in plaint is not denied by defendants (children of elder brother) in their W.S.
3) The contention of plaint that, father of both brothers was absolute owner and possessor of suit properties though purchased in the name of elder brother but funds were provided by earning of their father, hence all heirs of both brothers are entitled for partition and possession of suit properties, is also not denied by defendants in their W. S.
4) Children of younger brother were allotted very meager share about 5% of their legitimate right in 1981 as family adjustment for residence purpose and mutated the same portion in their name in municipal record by children of elder brother, even though property stands in the name of elder brother.
5) No record was produced by children of elder brother that property was partitioned by metes and bounds but in deposition the defendant (son of elder brother) says that “it is already partitioned in the life time of elder and younger brother”
No distinction is made between property of elder and younger brother.
6) The defendant (son of elder brother) also admits in cross examination that, after death of his grandfather, property was succeeded by his father and his uncle (elder and younger brother), he further said that the property was partitioned in life time of both brothers (younger brother died in 1950 and elder died in 1973) whereas property was mortgaged by elder brother in 1963 by self and on behalf of minor sons of younger brother and even the defendants (sons of elder brother who were major in 1963)
7) Children of elder brother also claims that property title deed is in favor of their father only and no partition among the children of elder and younger brother is required (contradictory to their earlier statement).
Kindly give legal opinion with citation
A) If the title deed is in the name of the elder brother though financed by their father. Are children of younger brother entitled for the share in the property?
B) Part portion without metes and bounds, as happened in 1981 by mutation in municipal record for part of house in favor of children of younger brother is justified and rest of their legitimate share to be ignored.
I solicit the citation
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