The estate trustee of a deceased co‑owner sought an order under the Partition Act for the sale of jointly held property.
The respondent, the deceased’s brother and co‑owner, opposed the sale and asserted that the deceased and his spouse had separated and settled their claims, allegedly releasing any entitlement to the property.
The respondent relied primarily on affidavit evidence recounting statements by the deceased and references to missing documents allegedly confirming the settlement.
The court held that while the applicant’s case appeared strong, there were material factual disputes concerning whether the surviving spouse had relinquished her interest.
Given the evidentiary conflicts and the hearsay nature of the record, the matter required viva voce evidence and a trial of the issues.
The application for sale under the Partition Act was therefore refused and the matter directed to trial.
