The house my uncle & his family live in was originally in the name of my Grandmother. My Grandfather had executed sale deed long time ago in favour of one of his friends as security against a written loan agreement which was to be repaid within 5 years. After a long time of court cases, the dispute was settled by the Supreme Court recently with payment of one large amount to the third party (Grandfather's friend's heirs). On our side, there are 3 first heirs of grandmother - 2 aunts, one uncle & 3 second heirs - mom, myself & brother (as LR's of my dad). Now the order is up for execution of sale deed from the third parties to our names and the problem is that my mother has paid 85% of the settled amount from her own sources. We had tried withdrawing the application from Supreme Court prior to decision, but it was rejected and instead, the final order was issued for executing the sale deeds in all the LR's names. As per our advocate, we cannot claim more than 1/4th share (belonging to my dad being one of 4 heirs of grandmother) which will come to us automatically through succession. Dad's siblings are basically getting 1/4th share each without paying for it, because they all collectively paid only 15% of the total amount. They are also not willing to refund the excess amount paid by my mom.
My query is whether this can be treated as a re-purchase of property with the shares being distributed in the ratio of payment made by each LR? I need some law or case precedent to convince our lawyer so that the sale deed is executed fairly. The only course of action as per our lawyer is get the sale deed with 1/4th share, then file a partition suit for possession and separate suit against dad's siblings for recovery of excess amount, both of which are possible only after execution of the sale deed.
