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sameer (.)     18 December 2014

Property will dispute

My father has left a property and a WILL duly signed by my brothers.....We are 3 brothers. The third brother has separately taken property and the WILL was made between 2 brothers (me and my elder brother).   The will was made way back in 1990’s when there was no concept of like 4/5 floor etc...The time WILL was made we had Ground floor and Ist floor.

In the will it is mentioned that “I be the absolute owner of the ground floor up to the ceiling level and my brother will be the absolute owner of the Ist floor and the roofs thereon. I shall have no claim on the use of Ist floor or the rooms thereon.

Now my brother has made 2nd floor when my father was alive. He has also made separate stairs. He currently holds ( Ist floor + 2nd floor +roof). I currently hold only ground floor. He is not even ready to sell his both floors to me neither he is ready to buy my ground floor. My father died at age of 84 and i was taking care of my father as he was living at ground floor with me.

My question is

1)      If the property was divided into 2 equal parts taking into the fact that there was only ground floor and Ist floor at the time property was divided (WILL was made) and no such system of 4th or 5th floor were allowed in the 1990’s.  Now i am getting only ground floor. Isn’t it totally injustice done to me

1)         Can i file a case against him for my equal rights?

3)      2) If yes then what are my chances to get equal rights and how the property will be divided in this case. ?

Please help me out.



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 4 Replies

Shankar (Self)     18 December 2014

The key words here is "and the roofs thereon". Is it rooms or roofs? If it is not a typo and is 'roofs' only, it means that you have already agreed for your brother to construct as many floors as he wants and permitted by municipal authorities.

You haven't mentioned anything about the area. On whose name the area is registered?

1) IF the entire area is registered on your name since you took the ground floor, your brother has to pay you full value of the area to get full ownership. If you have to own the entire property, you will have to pay floor costs of first floor and second floor to your brother.

2) IF there was no mention of area in the will, it means area is still registered on your father. In that case, you have to get your third brother and all three should sign a release on area to the brother who is taking the full property.

I am not a lawyer. I can be corrected if I am wrong anywhere.

sameer (.)     18 December 2014

I am extremly sory its "ROOMS Thereon". Actually the property was purchased by my father and he made a WILL accorrdingly my 3rd brother has no rights on the property as he was given other property at the time of WILL..Now we are left with only a WILL..I have original documents with me as i was taking care of my father who was living with me at ground floor. Since after the WILL my father was 80+ at the time  my 2nd brother constructed another floor. He didn't even took NOC from me. I want to have equal rights of the property..

Shankar (Self)     18 December 2014

Ok, in that case your brother has no right to claim more than half share even if he has constructed an extra floor. Now what d you want exactly? A division in area? If so I think you can simply apply for sub division of area and get your equal share. You need a lawyer for sure if your brother isn't agreeing for equal division.

sameer (.)     18 December 2014

I want that either he should give me money for extra rights or he should take money for 2 floors and go away. But hez not accepting either of the offer and i am left with only ground floor. hez happily living with 2 floors n terrace and i am left with only ground floor with no rights on terrace as separate stairs have been made by him.....Pls tell me if i file a case what are the chances of my winning the case. how much cost for case n all.??


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