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
- Can Mr.”A” claim her mother’s right on property (50% of the property)?
- If Mr. “B” sold the property then what happened with the common wall, right to use of Toilet and the drainage system.
- 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.