Sir my friend fathima sulekha has problem with his brother.. Her father died in 2007. her father had one acre of ancestral land he got as partition deed and has got 7 cents of land which he purchased in 1971 in the name of his mother sulekha. one acre plot has no road frontage and 7 cent plot has full road fronatge.
In 2000 fathima's father and mother together made a gift deed ( dhana nischaya aadharam) to give the aforesaid 7 cents of land to fathima, however they have made a providson in the deed to allow 2.4 meter way for transport in one side to the one acre land. This matter was mentioned only in the deed awarded to fathima. The one acre was not having any way as it is abutting to paddy fields on the otherside. The one acre land was given to her brothers by her father before the gift deed was made to fathima.
Now the brothers are claiming that there was already a way of 1 m to their one acre plot and the 2.4 m way was given by their father in addition to that... They have demolished fathimas boundary wall and they started construction of house in their land... My question is
1. Fathima's mother in alive, whether she could cancel the 2.4 m way permitted in fathima,s deed.
2. Whether fathima could claim on the land given to her brothers as his father's ancestral land partition was dome without justice to her
3. One brother has sold a protion of the land he got from father , whether she could include this land also in her claim petition to re - partition
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