Land disputes
prasanth
(Querist) 20 January 2016
This query is : Resolved
In 1995 my grandma makes a will for her 1acre land in favor of her 2 sons and her 2 sons, each had registered gift deed of 50 cents in 1995 itself...Now the elder son(my father) had gifted me through registered gift deed his property of 50 cents in 2014. The property has been mutated to my name and am paying taxes too.
In 2015 i put a fence in the said property. BUT my fathers brother/grandmas younger son has filled a CIVIL suit against me/my father mentioning:
1. We have encroached his boundary & seeks stay.
2. He further states: Out of the total 1 acre from my grandmas will...my father took 50cents and he is having only 20 cents!(LAND WAS LESS WHEN MEASURED)
He is saying that there is no 1acre instead only 70 cents and he wants to divide that equally NOW.
What maybe the legal outcome of the suit filed against us?
Thanks
rajagopal.s
(Expert) 20 January 2016
Hi
Subsequent to demise your grand mother, the will becomes effective. So the date of demise of your grand mother will be the reckoning date. On that date your grand mom might have had 1 acre which subsequently might have been encroached or affected by road widening etc. The will has to be effected in totality and not in partial. So You will still get 50 cents of land and you can claim being in possession of the said land. So dividing equally now is totally out of question. Even if you want to compromise with your uncle, still you need to gift 20 cents of land to your uncle as the will cannot be altered in any case.
So even if your uncle files a suit, he should be filing a case for adverse possession and not say there is no 1 acre, but only 70 cents. You have a strong case points so need not be afraid.
Kumar Doab
(Expert) 20 January 2016
The patwari of your area shall have record of the dimensions of the land.
Rajendra K Goyal
(Expert) 20 January 2016
Find out where the error exist.
You have gift deed with possession, you can oppose the claim on this ground.
However, it would be better to have amicable settlement if possible.
K.S.Srinivas
(Expert) 29 January 2016
Since you are in possession of the land and also gift deed, you can effectively oppose the claim of your grand mother's younger son.
