Actual area is less than the area in the document - will the first doc holder given priority
1 year ago
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.
It all depends upon the boundaries which prevails over the extent if extent is written wrongly.