My wife's mother deceased recently and her property (my wife's grand father's property after partition) was looked after by my wife (daughter) till her death. Her brother also expired before her mother's demise. Now brother's heirs locked the property and demanding rights.
1. At the time of partition of this property, my wife's mother and brother registered it after partition by partition deed in their names only and my wife's (daughter)'s name was not included in this registration deed. Now both the brother and mother are deceased. The brother's wife and son are claiming this property in their name alone.
2. My wife's mother by a registered will, has allowed my wife to build a house on the ground floor but it was to be enjoyed by her only till her death and that her brother has rights to build the second floor only as per this will. My wife already built the first floor during her mother & brother's life time. Her brother did not build the second floor. Now this is disputed by the deceased brother's heirs.
3. My wife's mother, my wife's brother and my wife (daughter) have entered into an unregistered Family Agreement written in Rs.10/- stamp paper and duly witnessed. In this family agreement, it was again stated that my wife (daughter) can build the ground floor and her brother can build the second floor only. This is also contested.
Please advise whether my wife can have full rights for this ground floor building and whether the unregistered family agreement will be valid.
