My grand Father owns 2 houses(side by side) and died in 1977 leaving behind his wife and 10 children (5 male and 5 female). All 4 sons left with their wife’s and are living separately since 1977.All daughters were married before 1997.My father was taking care of my grandmother and living in one of the house. My grandmother died in 1997 after leaving behind a Registered(in year 1995) will that her share goes to my Father In the year 1993 the house we were staying collapsed completely and my father with the approval (verbal) of remaining 4 brothers constructed new house (ground floor and first floor) .In 1999 one of the daughters expired. In 2007 , 3 sons and remaining 4 daughters sold their share (registered) to my father . Now we are making constructing in the backyard of our present house .1(say “A”) son who was against my father was against the Registration of share transfer. he(say “A”) has sent a legal notice through his advocate saying to stop the construction and stating the property was his father’s(my grand father) self acquired property so the female heirs cannot be treated as co-parceners and as he was not involved in the 2007 registered deed ,so he is calling it as a bad deed..
Note-1 daughter died with no heirs
My questions are :-
1)Can the court cancel the registered deed in 2007 in which 3 sons+4 daughters sold their share to my father as one of the son (‘A’) was not present or invited.?
2)Do daughters have share in property which is father’s self acquired property and father died with out registering any will?
3)we are ready to pay 1/10th share to him as we have 9 shares [4 sons(including my father)+4 daughters my grand mothers share]
4)As we have constructed the house in 1993 in place of completely collapsed house ,we want the court to remove the valuation of building and take only land price while giving him his 1/10th share. Is this possible?.
5)Can he stop the on going construction in the current house. We have already paid the amount to the contractor, so we will be at loss if work stopped. what should we do if we want work to go on.
How to Proceed further