Property distribution in hyderabad ghmc limits.

Victor (Querist) 26 June 2021 This query is : Resolved
Background
My father (aged ~78) has a independent house and it has four small rooms (approximately each room size 10' X 10' ) plus kitchen constructed in the plot size of around 33 X 66 feet's.
I have younger brother and is unmarried ,living along with father in same said house .
He lost his job and not attempting for another job since last 10 years though he is qualified master degree
in computers, and became a constant complainer for petty and all things .
He does not do any household works and bear any expenses like water bill, electricity bill
,property tax, vegetables, groceries etc. ,all of them were borne by my father and he objects when I do it voluntarily by myself.

I could not stay there since he finds fault with everything including my family (wife & 2 sons), i.e complaining on almost all , behaving weird. Often accuses that witchcraft has been done on him.

Regarding my stay there .
My father suggestion is, ground floor constructed by him and 1st son can construct 1st
and 2nd floor by 2nd son. And my brother objecting for this proposal for reasons best known to him.

To get distribution of the said property between my younger brother through fathers last will ,
Possibly these two are general options.
option 1. Divide the house into two portions with land registered on two.
2. Sell the property and divide the amount by half between brothers

Questions

1.any other undisputable option we have in above given situation ?

2.if does not honor the registered Will, then what is the way out ?

Experts need you valuable suggestions.

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Quick Summary

This discussion concerns the distribution of a property in Hyderabad's GHMC limits, owned by a father with two sons. One son is unmarried and unemployed, causing household friction. The father proposed a division where he retains the ground floor and each son gets a floor, but this is being contested. The core issue revolves around how to fairly divide the property, either through partition, sale, or by adhering to the father's will, which may only take effect after his death and could face challenges regarding future constructions.

K.S.Ramaswamy Advocate (Expert) 26 June 2021
In my view , the father also should get the share in the said property. Therefore, property should be divided into three shares in a given situations. However, before any decision is to be taken, you may consult a local lawyer and then proceed in the matter.

Victor (Querist) 26 June 2021
Thank you , here we are referring about specifically "the Will and testament document" where it is normally comes into effect after the life right?

P. Venu (Expert) 26 June 2021
Admittedly, your father is the owner of the property. He can dispose of or settle the same at his discretion. During his lifetime, you or your brother has no right or interest therein. You (along with the siblings and the mother) are only legal heir to the property, if any, left interstate.

kavksatyanarayana (Expert) 26 June 2021
Yes. When your father is alive and the property is his own, your mother, you and your brother and any other legal heirs if any, have no right to divide the property. If your father executed any will, it will come into force only after him.

Dr J C Vashista (Expert) 27 June 2021
The will stated to have been executed shall come into force after death of testator.

T. Kalaiselvan, Advocate (Expert) 29 June 2021
The proposed Will shall come into force only after your father's lifetime.
Now the property is of single story building only.
The proposal for constructing the first floor and second floor is a future option made in the Will which cannot be enforceable because there is no such structure available at the time writing this Will nor there is any such structure owned by the testator at the time of his death, hence the Will cannot be enforced for a non existing property.
If your father wants to transfer this property to both of you during his lifetime, he can make a proper partition of the existing structure on whatever parameters he may propose or desire, or he can sell the property and disburse the sale proceeds either immediately or to be deposited in a FD in two separate accounts by nominating both the sons to each FD account so that both the sons can avail the FD amount after his lifetime accordingly.

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