My grand grand father owned a home which is 2 story building in Seoni, MP. He had 2 sons and 3 daughters. He died around 1988 without making any will. To make a temporary arrangement, my grandfather and his younger brother signed a mutual agreement on 10 Rs. Stamp paper on 1992.
Below are the key points of agreement:
1. It is decided that my grandfather will occupy upper 2 floors and his younger brother will have ground floor. Both will not do any new construction on their part.
2. Both and their sons are agreed on above commitment.
Everyone has signed on this agreement except my father as he was not ready.
My grandfather has 2 sons and 4 daughters. His brother has 3 sons and 1 daughter. My grandfather died 8 years ago. Now my uncle lives in above said 2nd and 3rd floor and my grandfather’s younger brother lives in ground floor with his 2 sons and their family. Recently they started new construction on ground floor (actually they created kitchen and rooms with heavy investment) and now trying to occupy 2nd floor as well. Now it is clear that they want to occupy whole building.
I have described scenario above. Now below is my question:
· Is this agreement valid in court as it does not have my father’s signature?
· How can we stop new construction doing by them?
· Does my father have rights to file a property dispute case in the court?
· Is it possible to get equal share from ground floor only?
I don’t have any knowledge in law so I put my basic questions. If you see any other challenges in this case, please write those as well in your reply. I appreciate your help, it is much needed.
Plz...z….z.. respond as soon as possible I don’t have much time to act as their construction is in full swing.