Land boundary issues
Guest
(Querist) 06 July 2015
This query is : Resolved
My granny had a single piece of 160cents OF LAND IN KERALA according to her documents. She gave her 2 sons (X & Y) half ie. 80cents of land each as stated in her will. After her death, when the total land was measured there was only 110 cents…X said lets file a legal suit and find about the missing 50cents but Y dint wanted to run courts and asked X to share what’s left into equal halves ,to which X refused and said he will not compromise his share of 80cents.
X has been paying land taxes for 80cents regularly.
Y has no issues with X keeping 80 cents; BUT HE WISHES REMAINING 30 CENTS LAND BOUNDARY TO BE DRAWN ACCORDING TO HIS WHIM AND NOT AS SHOWN IN GRANNY’S WILL! TO WHICH X REFUSED & WANTS THE BOUNDARY AS SHOWN IN WILL…NOW THIS HAS BEEN THE POINT OF CONFLICT.
Meanwhile X has mutated the land of 80cents to his son’s name and now wants to put a fence BUT ‘Y’ PLANS TO OBJECT X PUTTING A FENCE in the said 80cents!
QUESTIONS:
1) WHAT ARE X & Y’s OPTIONS LEGALLY?!
2) DOES X HAVE AN UPPER HAND IN THIS SCENARIO LEGALLY?
3) BEST POSSIBLE WAY TO LEGALLY EXPEDITE THE SAME IN X’s FAVOUR?
Biswanath Roy
(Expert) 08 July 2015
For appropriate opinion you shall have to disclose the entire contents of the Will, WHETHER OR NOT THE WILL WAS REGISTERED AND WHETHER OR NOT WILL WAS PROBATED AND PROBATE CERTIFICATE HAS BEEN OBTAINED FROM COURT AND FURTHER WHETHER'X' OR 'Y' WHO IS THE EXECUTOR OF THE WILL.
