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.
