When there is a Will which divides house among two surviving (married) sons and two (unmarried) daughters and which also imposes a condition that since the house is underbuilt as per byelaws (Delhi MCD) no sibling shall obstruct the right of another to build up the property on their floor as per norms, and anyone who does not accept such a condition will forego their right to any share in the Will, can such a Will be held to be unreasonable ? To ensure that such an NOC is not withheld, testator willed rear backyard of the ground floor to the second brother who could then issue NOCs required by the two sisters who get only half a floor each.
Now the brother who gets the largest share of the property on the ground floor says he will not accept this condition because any expansion upstairs will affect his light and will dispute the will on the ground of this clause as well as the clause of conditionality mentioned above.
Under such circumstances is it better (or even possible) to file a partition suit as opposed to going in for probate or is a probate a must if there is a will ? Three siblings accept the Will but one does not. What is the ideal way out?
