Property issue


My wife's father gave the rights of terrace of his house (self acquired) to let her build the fisrt floor at her cost which she did at her cost. Subsequently before his deathe he willed the first fllor to her and the ground floor to one of her brothers. In the will he had also stated that her brother had the right to build a second floor if he wanted. This was in 1992.

Upon the death of the fther, the siblings applied to BBMP for separate kathas and separate khathas were issued by BBMP for first fllor to my wife and ground floor to her brother. Her brother did not build second floor. He cannot do so as the building is now nearly 50 years and not structurally fit for additional floor. 

We want to either sell the property ground plus first floor together or demolish and rebuild. Her brother says if we sell she wi entitled to only one third of the realisation  and not half the realization. Is he legally right ?

Please advise.

 
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FIN

Apparently; NO.

As NO investment on 2nd floor is made and 2nd Floor does not exist and shall not be sold.

Rest is between brother and sister.

They can decide on any ratio, amicably.

 
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FIN

Rest;

You may discuss with elders of the family, competent and experienced well wishers, seasoned community leaders, PIP’s, helpgroups, and find a very able LOCAL  counsel of unshakable repute and integrity specializing in concerned field of law e.g; testamentary/Civil matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, and your counsel can advise you after examining all docs including said emails/agreement, reply of the company to your communications etc  , evidences on record .., and even draft, so as to defend your long term interest.

There are such very able counsels at each location.

Check for such counsels at LOCAL CIVIL courts..HC,SC

 
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