Legal Question in Real Estate Law in India
In 1936 my grandfather and his brother got 100 cents each from their ancestor asset. In 1956 my grandfather created a pump set for irrigation purpose for both of them and demanded his brother to give half of expenses he met for developing pump set. His brother denied and my grandfather asked 6 cents for that from his share of 100 cents. This was settled by local negotiation. From that time my grandfather using 106 cents and his brother using 94 cents.
There is a mention in the local negotiation paper that his brother does not have any rights on pump sets. However, there is no mention about quantity of land (6 cents) in that local negotiation paper.
In 1972, my grandfather�s brother sold his share as 100 cents instead of 94 cents to Mr �X�. without measuring the land Mr �X� purchased from my grandfather�s brother. My grandfather did not have any aware of this.
In 1973, my grandfather sold 5 cent from his share (106 cents) to someone else. That time only subdivision was made and my grandfather got patta for 101 cents, 5 cents for pump set, and 94 cents for Mr �X�. In 1986, Mr �X� sold to Mr �Y� as 100 cents instead of 94 cents. That time also, Mr �X� having patta for only 94 cents.
Now, both the grandfathers not alive. Mr �Y� is claiming 6 cents since he is having 100 cents in registration document, but in patta and under use only 94 cents are there.
Whatever claim made by Mr "Y" is legally valid?
1 Answer from Attorneys
04.03.2014
Repeat query. Already answered.
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