Hi,
This is regarding an ancestral property, abouth which, my grandfather, in his will has spelled out clearly that it should be shared by his two sons (he has 4 daughters apart from the 2 sons). He has also mentioned that after his death the two children may opt to stay in the house (which is a 2 storeyed apartment) and during their stay they are entitled to pay the rent (at prevalant rate) to their mother (i.e. my grandmother). And he has also mentioned that incase the sons don't stay there then our grandmother is entitled to rent it out to some outsider and live on the rent received. He has also mentioned that the two sons should pay the taxes for the house.
My father who happens to be one of the sons (eleder son) has been staying in the house for the last 8 years. He has also been paying the rent to my grandmother (for which he has the reciepts). He also has been paying the tax for the entire house (the other son hasn't shared the tax and we have proof for the same). Under such circumstances my grandmother in connivance with her other son have currently issued a legal notice to my dad asking him to vacate the place so that they can sell the property and divide it into 3 shares of which each son is eligible to one share and the grandmother is eligible for the last share. They have also filed some false cases to this effect which they have also done in the past. My dad has copies of complaints to the police station in which my grandmother has herself mentioned that she was forced to file false cases by her younger son.
In light of the new legal notice and complaints, it would be great if someone can advise us regarding what would be the best course of action for us. Is my grandmother and her younger son eligible to file a case in the court askign for the land to be sold (in light of the will) and would the court rule in favor of them even if my dad does not agree with the same? Even if the property were to be sold if one if the involved party offers to buy the entire house would there be an house (my dad is willing to buy the house) ? My dad's brother is not agreeing to sell the house to my dad but he said he is willing to sell it to a third party. Would it be possible under the law to force him to sell the house to us (we will give him a share and our grandmother a share too)?
Cheers
Anjali Srikkanth
