QUERY:
My grandfather had purchased 3 flats- X, Y, Z.
My father has 3 real brothers.
“A”, “B”, “C” (is my father) and “D” - order is age wise.
“A” occupied property “X” saying that he paid some amount to my grandfather at some point of time and eventually got that “X” property in his name. No brothers have any record of money paid to grandfather. “A” and his wife have no descendants.
“B” occupied property “Y” and got that property “Y” in his name and is staying with his family on that property “Y” till date. “B” and his wife have two children- a girl and a boy- both adults.
“C” (my father) worked out-station during his early years and so stayed less frequently at property “Z”. “C” has a small property “G” which he purchased on his own without any share or aid from my grandfather or any of the brothers. “C” did not get any share from his parents’ properties nor any financial aid at any point of time.
“D” occupied property “Z” (which is the property of issue in this discussion) but that property is not in his name. “D” and his wife have an unmarried daughter. “D” and his family have been staying at that property “Z” since past 25 years or more.
Any mailing letters or society re-development notices etc are in the name of all 4 brothers. + my grandfather’s will indicates that property “Z” is to be distributed among all four brothers.
Now, my father “C” wishes to get a financial aid by taking his share from property “Z” for his medical purposes. “D” does not have the right to sell the property “Z” on his own without consent of other brothers. But if “D” does not vacate the property, then “C” won’t be able to get any share out of this. Also, “A” and “B” have already taken their share and are no longer keen on selling property “Z”. I don’t want my father to suffer and lose out on his share.
QUERIES:
- Is it possible to claim share from property “Z” now even if “C” has not been staying at that property “Z”?
- Can “D” claim that it is his property now since he has been staying on that property for 25+ years?
- Does “C” have a strong basis to get a share from property “Z”?
- What documents would be required in case “A”, “B” and “C” come together and wish to sell this property to give “C” his share?
- Can “D” stop “A”, “B” and “C” from selling that property “Z” on which he had been staying for years and on the ground that he does not have any other place of accommodation other than property Z?
- On what grounds can “C” compel “D” to vacate the property “Z”?
Please advice on the legalities of this situation.
Thank you.
