cpc

partition of property


Dear respected lawyers of the lawyers club 

The family consists of two brothers, two sisters . Father had died andkept property in name of his wife. The mother had made Will at the age of 75 years and also at 76 years. But did not mention that the earlier Will has been superseded. Much of the contents are same except that the two daughters will have right to come to the house and assigned two rooms one in ground floor and 2nd in 2 nd floor but will have no ownership or selling rights.

The two brothers the elder has been given the ground floor with backyard and also the front yard except the area which leads to the common staircase for entry to first and second floor as common facility.

The younger brother has been given first and second floor..

The elder brother has been given permission to use one of the rooms in 2nd floor as sharing office 

Dispute has been made by younger brother that he wants to raise more rooms from the back yard on pillars joining first and second floor

Dispute has arisen that younger wants ownership right of 50% area of the front courtyard.

Dispute has arisen that the sharing office has been locked by the younger to the elder.

dispute has arisen that the younger one wants second gate to be opened from the front courtyard. Dispute has arisen he wants to dismantle the staircase and by which the structure and walls of the ground floor will get destroyed.

May I know what are the rights in partitioning between the ground and the upper floors.

May I know any case laws on such subject or any court Judgement's to site for partitioning such properties as such apartments are daily scene in urban India as now housing is like this and properties are and will be subjected to such pressures.

Please help me to arrive a just and fair agreement as this family belongs to a very RAM type ideal man and he being a HINDU entrusted me the family and I am a Muslim , and much lies on me to handle the issue that these boys live like friends and immaculate their father who was a RAM in this age.

 
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