Advices would be appreciated. Please help members and experts.
My grandfather made a will in Oct’ 2005 for a property measuring 200 sqyds in delhi, to be equally distributed, in name of his 3 sons (my father included).
In Dec' 2005, my father died, so he got changed the name to my mother’s.
Unfortunately, in 2007, my grandfather and my mother died in a road crash.
My grandmother was already predeceased in 2002.
My younger uncle (father’s brother) has given some undisclosed amount to my elder uncle in exchange of his one third share.
Currently, as my younger uncle claims that as he has been living there for 20 years, he is entitled to get upper-hand in the property and he is running a shop there in front part.
The market value of the property is estimated to be 3crores.
He is offering us:
• 40 lakhs, or
• Asking us to retain 25% of the plot with only back side, and come to live there, which is impossible as the house has to be reconstructed to make it livable.
My grandfather has paid all maintenance and house tax till 2007, but my younger uncle is unwilling to sell that house.
The questions are:
• Does the court permit him to get upper hand, besides the maintenance (to say he has not done any thing in that house) and house tax cost?
• Does the court permit us to get the division as per fair way? How does the court do partition. Is it partition of property or partition of money, or as agreed?
• Can the court dishonor his demand to not sell the entire property?
• Can’t we sell our own share?
• Does the court do evaluations on the basis of government cost, which is 1.5 crores. If goes by court’s verdict, is it the loss on our part as the market value is 3 crores?
• Do we two brothers have to make a succession certificate by incurring 3 percent cost of 1 crore or 3 crore, as the case may be. We brothers can’t afford that. Is there any alternative to succession certificate?
• Can we challenge his business proceeds in court and counter claim the proceeds as shared compensation? To balance it only as a pay-off for the maintenance and house tax.
He is saying, he doesn’t bother about the will. We are in real trouble, as we want to sell our share and that is actually impossible without selling whole land, as the property is old, and needs to be reconstructed, but he is using this tactics to delay the mutual settlement.
Thanks for your time