Sir,
We boudgt a property in delhi in December 2006.
This house belonged to a lady who expired in 2004, leaving behind a registered WILL in favor of her two sons in equal ownership rights. she had only two sons & no daughter.
This is a corner house with two stories i.e. ground floor & first floor without basement built in 1977.
The ground floor was given to elder son with front and back varandah, while younger son was given first floor with terrace (with only usage right of terrace).
Along with many other clauses in the WILL, it clearly mentions that:
"NONE OF MY SONS WILL HAVE A RIGHT TO CONSTRUCT ON THE TERRACE OF THE FIRST FLOOR."
The problem was created when the younger son having possession of the First Floor became adamant on constructing the floors on the terrace.
He asked for permission (without paying anything for that) from elder brother.
Now the elder brother became adamant about having equal rights in the property as per the WILL and asking for an offer in liu of the permission to construct further floors.
Nothing could settle between the two.
Ultimately the elder brother sold his portion of the property to us. that is how we (absolutely unaware of their dispute, though verbal and not legal till december 2006) entered the property in place of the elder brother.
On knowing that the elder brother has sold his portion, the younger brother to built the pressure on us, locked our entry to the Common Passage from the Stairs side, as this plot being corner, his entry is from outside lane. As a result of this act of the younger brother we lost control over 'Our MCB Box and Electricity Meter' installed in the Common Passage as well as 'The Over Head Water Tank' installed on the Terrace and all the rights to go to the Common Passage and to the terrace for repair and maintenance of electricity meter, water tank, or TV antena etc. because there is only one staircase in the building.
He did this on 4.02.2007 when his elder brother had already sold his portion of the house to us, but was due to vacate on 15.02.2007. Till that time we had not met the younger brother.
He after closing the door he filed a Civil Suit in the Hon'ble High Court and obtained Ex-parte Stay that we should be prohibited from opening our door.
In his suit he has made his elder brother Defendant No. 1 and we are Defendant No. 2.
He has also challenged three clauses of the Registered Sale Deed which mentions the use of Common Passage and the Terrace for maintenance by the owner of the ground floor.
He has tried all sorts of dirty tricks against us so that we get harrased and sell our portion to him at his price. The Hon'ble H C has passed interim orders with limited and conditional access to the Common Passage and the terrace by us.
Our status is sandwiched in this case, because our Sale Deed with the elder brother mentions that we shall abide by the Registered WILL of the mother in its true spirit, while the younger brother is making our living hell untill we grant him the permission to construct on the terrace.
Where as our wish is to live peacefully according to the WILL.
My question in this regard is:
What shoul we do to safegaurd our interest in the property and live peacefully?
Kindly suggest whether we should file a seperate suit for declaration and implementation of the WILL?
Regards.
