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Abhilash Ayyappan   31 July 2022

Actual are is less than area in document - will the first document holder given priority

Person(A), in his property of 44 cent, had written a gift deed of 24 cents to his Daughter Person B in 1984. While in 1993 he had written a WILL of remaining 20 cents to his son Person C .

However when checked now its found after measuring its only 33 cents out of 44 cents as a valid patta land remains. After demise of PersonA, now Person C is trying to claim whole 20 cents , while leaving only 13 cents to Person B though the Person B has the first document a Gift deed from her father of 24 cents.

Since Person B is having first document do we have any legal points to oppose this. Until now Person C had only the copy of will, and with that he had registered the property to his wife name and made a document.

Without talks Person C is making efforts to surround the place with fencing. Kindly let me know.



Learning

 1 Replies

Shashi Dhara   31 July 2022

Issue legal notice and file suit ,as per gift she gets 24cents asper will he don't get 20 cents only remaining 13 cents only ,gift is more binding than will.


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