My father has left a property and a WILL duly signed by my brothers.....We are 3 brothers. The third brother has separately taken property and the WILL was made between 2 brothers (me and my elder brother). The will was made way back in 1990’s when there was no concept of like 4/5 floor etc...The time WILL was made we had Ground floor and Ist floor.
In the will it is mentioned that “I be the absolute owner of the ground floor up to the ceiling level and my brother will be the absolute owner of the Ist floor and the roofs thereon. I shall have no claim on the use of Ist floor or the rooms thereon.
Now my brother has made 2nd floor when my father was alive. He has also made separate stairs. He currently holds ( Ist floor + 2nd floor +roof). I currently hold only ground floor. He is not even ready to sell his both floors to me neither he is ready to buy my ground floor. My father died at age of 84 and i was taking care of my father as he was living at ground floor with me.
My question is
1) If the property was divided into 2 equal parts taking into the fact that there was only ground floor and Ist floor at the time property was divided (WILL was made) and no such system of 4th or 5th floor were allowed in the 1990’s. Now i am getting only ground floor. Isn’t it totally injustice done to me
1) Can i file a case against him for my equal rights?
3) 2) If yes then what are my chances to get equal rights and how the property will be divided in this case. ?
Please help me out.
