Dear All,
There is a property in Delhi in the name of Grandfather and Father (eldest son) having equal share. Now the grandfather has expired and has 3 sons (including eldest son) and 2 daughters. As I understand, the share of the eldest son is 50% + 1/5th of the remaining 50%. The other 4 children of the grandfather do not agree on such partition and therefore the property cannot be partitioned. The eldest son along with his family is staying in the property and 1/3rd portion of the property is unbuilt. Now the eldest son wants to construct that portion of the property and one of the other heirs is threatening to go to court for a stay. My queries are:
1) Can on of the other sons of grandfather go the court for a stay?
2) Can one of the sons of such other son go to the court for stay although he is not a heir as of now since his father his alive.
3) Will the Court call the eldest son before granting stay or can it do so without calling him.
4) Can the eldest son plea before the Court that stay should not be granted since he is ready for partition legally but other heirs are not ready because they want higher share and instead of asking for a stay they should file a partition suit or agree to the partition provided ina legal way - which is 1/5 th share out the remaining 50% of the property in the name of Grandfather
Please advise
Thanks
