We own a Shop and joint house purchased by my father. This is not an ancestral house so first thing can sisters claim share in this property?
We live in a house owned by my father and after he expired, property rights were with my mother. My mother made a will 6 years before she expired. She was not well and created a will in which the property was equally divided between 2 sons (we also have 5 sisters, all married). The will is signed by both sons and by witnesses but is not registered in court. After 6 years, mothers expired. One of the daughters who is leaving separately as her husband has left her, demanded that she should be paid her share in property. As agreed, she was paid Rs.5 Lacs (out of shop rental and shared equally by both brothers) and other sisters agreed that they don't need any share in the property.
Our house has 4 floors (Ground Floor and 3 Floors), when it was purchased it had Ground Floor and First Floor (half built). Elder brother (myself) was asked to move to first floor 22 years back and asked to renovate the floor as well. I invested (Rs.1 lac, more than 20 years back) in the property and created 2 extra rooms at my expense for which we have few records as well. Later mother and myself (elder brother) invested and created 2nd floor (which was rented out and mother & younger brother claimed the rent and is the case till now). Then on, based on our requirement we created 3rd floor. Floor was created when our mother was alive. All expenses for building this floor as well were borne by me. As per verbal agreement and mother's will, my younger brother will get ground floor and 2nd floor and myself will get 1st floor and 3rd floor and 50%-50% share in shop. This is also the same which is mentioned in the mothers 'will'.
Due to our requirement, we requested younger brother to give us 2nd floor and take shop in lieu of that (when this was discussed, property was equally divided between 2 brothers as mutually agreed between both brothers and sisters i.e. 2 floors to each brother and 50%-50% share of shop). That time, younger brother agreed to this and asked Rs.5 Lacs to be paid to him. We did not have enough money at that time so we asked him to take 1 room out of 3 rooms, which was actually more than amount asked. Younger brother ask for more time and took 2 years during we kept asking him and requesting him. After 2 years, he put up an angle to the situation and aske that his daughters are also a party and 1/3rd shareholder of shop and on dispute, sisters came up to ask their share and later to be given to younger brother.
After few years, younger brother demanded that 1/3rd portion of the shop should be shared in his daughters (Granddaughters) name and they should be made a party and shareholder in the shop. When I said this is wrong and should not be done. 5 Sisters insisted that younger brother's daughters should get a portion. When myself and my sons did not agree, 5 sisters threaten that they are also legal heir of their mother and 1/3rd portion of Shop should be given to them (which they want to transfer in younger brother's name later). We agreed to this.
Since we have requirement of more space and our sisters agreed that if you can, please built 1 floor (actually half floor as govt. norms) on the top. Younger brother and sisters promised that they will have no objection to it but now since construction has started, younger brother is making hue and cry and again asking for share in the top floor. Sisters are also supporting him and now asking that whole shop to be transferred to younger brother's name (even they got this done on stamp paper and asked us to sign and agree). Later they said give younger brother Rs.7.5 Lacs as compensation or we will go to court for 7 portions of whole property and later give it to younger brother.
What can we do to get justice in such scenario? They are not ready to compensate us for the amount we have spent on 3 floors. During one such discussion, they asked me to share what I have earned till now including PF, Gratuity etc. and share the money with younger brother but did not ask younger brother to do vice versa.
I know it is difficult to prove this as most of the things were verbal and they are not ready to accept the will of mother. We did most of the things in good faith and today paying the price. Is there any way to get justice in such a scenario. Please help. They have changed their statements at least 3-4 times and everytime they cook up a new story.
