My grandfather left a will for 2 sons and 2 daughters with the houses built on 40 x 80 site as follows:
A: Houses constructed on 40 x 40 (both ground floor and first floor)-Second son.
B: a ground floor house of 17 ft x 22 ft built on plot of 40 x 22 feet plot-Second daughter. 23 x 22 feet is vacant space (no building).
C: a ground floor house built on 40 x 18 feet plot-First son(our house).
D: A first floor house built on B and C houses measuring 12 x 34. It consists of 12 x 12 feet portion on C-house(my house) and 12 x 22 feet on B-house. The staircase to this first floor house is adjancent to A house (provides access to first floor house of A and D).
B: a ground floor house of 17 ft x 22 ft built on plot of 40 x 22 feet plot-Second daughter. 23 x 22 feet is vacant space (no building).
C: a ground floor house built on 40 x 18 feet plot-First son(our house).
D: A first floor house built on B and C houses measuring 12 x 34. It consists of 12 x 12 feet portion on C-house(my house) and 12 x 22 feet on B-house. The staircase to this first floor house is adjancent to A house (provides access to first floor house of A and D).
A and B have a common wall. B and C have a common wall.
The owner of the A house did not allow the D house owner to use the staircase as mentioned in the will and D house owner lodged a complaint in police station. This was registered as a nominal complaint. Subsequently, A house owner harrased her and she finally gave it him through gift deed or charity deed. Now the D house (built on B and C house) is in the possestion of A house owner.
Now this, new D house owner is creating problem to us in rainy season. There is a seepage of water during rainy season in the common wall of houses B and C. We do not have access to that portion of the wall where rain water is let down. There may be some cracks or small breaks in the roof as the builing is very old (nearly 50 years).
On this common wall of B and C house, we (C owner) has a window at ceiling height 2-3 feet after B house ends(after 17 feet).
On our (C house) terrace, there is a vacant space of 28 x 18. In the will, it is mentioned that the we (C house owner) should not build first floor on this vacant space as it has a common wall.
This common wall law does apply to the owners of house B and D also. More over, the window on the common wall of B and C house is the only source of light for us (C house owner). If any further construction happens on the B and D houses, it will affect us badly.
How can I seek direction from the court to maintain status quo and I want access to the other part of the common wall to do some minor repairs during rainy season. Many times, I tried to gain entry to that side, but the owner of the house has put some old materials which is obstructing free flow of rain water and starts abusing me that I have destroyed the materials and even goes to police station.
Right now, I am the elder son of the C house owner residing in the C house. Still it is in the name of my father. I have 2 sisters. they are not cooperating with me. Can I alone go to the court without my 2 sisters. Please guide me.
