Property given in will is jointly used for cultivation with third party
My grandfather done wasiyatnama for both of his son before death. My father and his brother living in a joint family and both cultivating whole land jointly. But the girdawari are on the name of elder son means brother of my father. Can he take our land from us in future? Is the person whose name is there in girdawari is the owner? If yes what is the proactive solution now.
Having name in the Girdawari of the land, gives one an absolute right – to cultivate on the same. The name of the Owner/cultivator is entered in the Girdawari documents by the patwari of the area. It is registered with the revenue records. A lot depends on the date on the Girdawari documents. Meaning thereby that the Girdawari was made before the Vasiyatnama or after the Vasiyatnama. Whichever was made earlier, shall prevail.
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