Land
Prasad
(Querist) 01 April 2014
This query is : Resolved
We are 4 sons and our father has expired in 2012. We have 40 cents of land including a house in that compound. Our father has written a will and in that it says for 40 cents and when on approaching for taking measurement it is only 38 cents . We do have back years papers where in it also shows cents. Fathers sister son stays as neighbor , we do found that 2 cents is in in his custody . On questioning he says our father has given him 2 cents ORALLY . we do not have any records . How this can be sorted out . Fathers sister son is still living and aged 78 . He says in no case he can give back as he is holding in his custody for last 25 years. So keeping in his custody for last 25 years can it be his .How can we prove this and sorted out
T. Kalaiselvan, Advocate
(Expert) 02 April 2014
Firstly you probate the Will and during the proceedings, you can arrange to measure the property with the help of surveyor and based on the report of the surveyor, you file a suit for eviction against the encroaching party and possession of the occupied property, this will be the solution for your query, contact your lawyer and proceed as per his advise.
