My grandmother willed a property to her 2 sons. They have 3 sisters also but they have been specifically kept out of the will. The house is divided as follows: Gf : Brother 1, FF: Brother 2, SF : Front portion: Brother 2 and all the front portions of all floors above that, SF : back portion and all back portions thereafter : Brother 1.
One brother wants to go for freehold ( grandmother died about 8 years back), but another brother is not ready yet. i want to know how to address the issue of land rights between the 2 btohers. the back portion and GF has larger area, but the concern is that what if due to a natural calamity, the house is demolished. Now, if the GF is not constructed the brother 2 cannot construct or claim rights over FF. so in such a case, what is the legal protection available for brother 2. Does this come under land rights. also, what is one of them want to sell off their portion, don't we need to trsnfer land rights to new buyer.
In case a specific clause in partition deed is not given as to land rights, what is the legal interpretation with respect to land rights. It is possible that brother 1 will not accept and agree to 50- 50 land rights. so what should be the wayout for brother 2.
addtiionally, if one of th ebrothers is not agreeing to freehold, then can other brother alone get his portion mutated and then sonverted to freehold as per will.
finally, what is one of the brother dies, does the house belong to brother 2 compltely or can the legal represenattives of brother 1 stake claim, if brother 1 has died with due will.
