We are four brothers and no sister. Father constructed 3 storied house in 1966 in Delhi and died in 2007. According to will we three brothers (A B and C) got share in the house GF to A, FF to B, SF to C with terrace right. Brother D and mother gave relinguish Deed duly registered in favor of A,B and C jointly. A,B and C are also residing in the house in the same manner.
Now Brother B wants to demolish this house and will incurr all the construction Exp of 4 story New House on the same plot with the undermentioned understanding.:-
1) B will get second floor and third floor with terrace right.
2) C will take First Floor and for leaving his terrace right he will get Rs 50 lac from B.
3) A will remain on GF but will also get Rs 25 lac from B for not claimng any right in the third floor.
Query :---------
1) For this arrangement can we make family settlement deed or we have no option except to make partition deed duly registered ?
2) How B will get ownership title for extra 4th floor?
3) How C will get ownership title for first floor?
DEEPAK SINGLA