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Property rights in brother's property after the has been executed
06-Jan-2023 (In Property Law)
My grandmother was allotted a DDA plot in Delhi & she made a will in 2003 saying that after my death the said property having 3 floors + roof will be given to my 3 Sons & there will be no share of my 3 daughters as they're Well settled & married.!! The property stands as Ground floor , first floor & second floor with roof & my dad being elder staying in Ground floor from the last 30 years & we have been maintaining it without a single penny from the families staying above. It's been almost 10years that my grandmother expired now the brother's family of my dad staying above on 1st & 2nd floor have started saying that they have a right on GF open area & therefore creating problems for us by keeping there Car inside , covered the toilet shaft saying they need a extra toilet & even made many illegal things on there floor. But my Dad never interfered. I want to know do they have any legal rights in GF open area? Plus they're asking for a space on open backyard! Property's mutation done
In whose name the open area of the ground floor is mutated. Is there any specific partition among the three brothers of your father? Is there any settlement deed among brother. If there is no settlement deed among brothers in respect of the property. Then after seeing the documents , equal share must be among brothers.
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Adv. Safder Imam Md
Delhi | 25+ Answers
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When all three sons of your grand mother have been given separate floors independently and exclusively then 1st and 2nd floor occupants don't have right on ground floor subject to contents of the Will. Even otherwise any act of their creating hindrance to ground floor occupant can be removed by filing suit.
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Adv. S P Srivastava
Delhi | 200+ Answers
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It all depends upon the use of the said area and whether prior to the same I.e. execution of will the said portion was being used as a common area or not and further if there is any kind of illegal construction then you can approach the court or respective municipal authorities for the said illegal alterations or construction.
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Adv. Harshit Jain
Delhi | 100+ Answers
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The way out for the same is that we can go ahead and seek damages and injunction along with suit for declaration/Title for the same .We can also move ahead and avail remedies for criminal liability if your rights have been infringed to a extent.please contact for further details Thanks.
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Adv. Nishant Solanki
Delhi | 200+ Answers
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If the ground floor is mutated in your fathers name the other brothers residing above cannot claim any part of it. They only have a right of way and right of access to come and go from the property. You can approach the court for restraining them from interfering in your ground floor area.
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Adv. Ekta Mehta
Delhi | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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