AJIT C. DESAI v. B. G. NAIK TRUST

Syllabus

This appeal stems from a partition lawsuit. The real property at issue was sold at auction. The issues on appeal are whether Appellants have an ownership interest in the property and the proceeds from partition sale, and whether the trial court properly allocated the proceeds between the rightful owners. We reverse the trial court regarding ownership and hold that Appellants own one-half of the property. We affirm the trial court's allocation of the funds from the partition sale. We vacate the trial court's judgment as to whether Appellants' attorneys' fees should be paid from the partition proceeds and remand this issue for reconsideration in light of our Court's determination of ownership.