The father left a "WILL" that on his demise, the ground floor of his self acquired property in New delhi shall go tto his daughter,and he first floor & terrace of the property shall go to his son. The Faher expired in the year 1997. The son has been dodging the proposal of his sister about mutation/ freehold of the property for whatever reasons best known to him.The built up area on the ground floor/ first floor was exactly in ratio of 50:50.at the time of fathers expiry in 1997.
Subsequently, the son built up additional area on the second floor without any MCD sanction, making the built up area raio on the ground floor and on the first +second floor becoming 40:60.
Q1 As the mutation has not been done over the last 13 years neither in the name of the son, nor in the name of daughter. Can this property will be considered ancestral, giving legal rights to all the grand children of the father?
Q2.Can the daughter ask for 50% share in the property, as the additional construction buillt by her brother being illegal addition without any sanstion.
