Land disputes what are the possible outcomes
Guest
(Querist) 14 January 2016
This query is : Resolved
A woman/widow MAYA had 2 sons. Eldest AJAY and youngest SIJO. She made a will in 1995 stating that the property/land she HAD self-acquired 1.6 acres OF LAND be shared among her 2 sons equally after dividing it vertically. 80cents each… MAYA passed away in 2010.
Now her youngest son/SIJO on the basis of above mentioned will made a *dhana nischayam (*is a gift deed conveying the property in ones favour) in 1995 itself(period the original will was made). MAYA was alive then. SIJO has registered the deed and has also carried out mutation of property and is paying tax.
Also the youngest son/SIJO had in 2002 signed a 100rs stamp paper giving away/waving his claims over the above mentioned property/land. ( That was for a loan purpose for AJAYs NEED )
Now when the eldest son/AJAY in 2010 after the demise of his mother MAYA wanted to execute the will he was confronted with few obstacles:
KINDLY REVIEW AND ADVICE
1. The land of 1.6 acre is now 1.1acre!!! And currently AJAY is paying tax for 80 cents and SIJO for 30 cents. THIS IS NOT THE POINT OF CONFLICT!
2. AJAY wants to divide the property vertically as mentioned in original will. SIJO has divided the property horizontally instead of vertically dividing the land stating that its according to his dhana-nischayam!
3. AJAY put a fence vertically….on which SIJO approached court stating AJAY had encroached his property ASKING COURT to help remove the fence and mark boundaries. His main evidence being his dhana-nischayam.
4. WHAT ARE THE POSSIBLE OUTCOMES….Who will win the case and on what basis?!
5. Can SIJO ask for equal division of whatever property/land is left?!
6. Can AJAY USE 100rs stamp paper(SIJO waving away his claim over the land) at any stage in his favour?!
