common wall property

Mrs.  “X” Her son is “S” and her daughter is “D”

Mr.”B” is son of Mr. S

Mr. “A” is son of Mrs. D


“X” gave her 100% property to his son “S”. Mr. “S” give 5% of the said property to his sister’s son Mr.“A” as a Gifted land  to the family member  with a one wall common room  and right to use of Toilet.


 Also a common drainage system (Mutual understanding between Mr.”S” and Mr.”A” which is not mentioned in gifted deed but mentioned in house plan as a common portion ).


“X,S,D “ all of them are died


Now Mr.”S”  son MR. “B” want to sell 100% property (including common wall room and toilet) of a real estate company to build a housing society and pressurising on Mr.”A” to do so .


Now my queries are

  1. Can Mr.”A” claim her mother’s right on property (50% of the property)?
  2. If Mr. “B” sold the property then what happened with the common wall, right to use of Toilet and the drainage system.
  3. If Mr. “A” agree with Mr. “B” and sold his portion (5%) is it possible that Mr.”A” will get the 50% value of the common portion?

Please guide us to resolve the issue. Your opinion will be very helpful to us


Please note that there is no partition deed signed. 




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