My father died 30-40 years back leaving behind 3 sons (Me being the eldest one) + 1 daughter + my mother. He left behind a property of around 300 sq ft. which comes under LAL DORA. Since father died 30-40 years back my sister can’t claim any right in the property (Hope I’m correct with regard to this).
Water bill, house tax etc has been in my mother’s name since 1970. Whole property was divided in 3 parts (After deducting space for passage from the total property) on mutual agreement 15-18 years back. I got front facing part of the property and rest two were given rear portion of the property. All 3 brothers have been staying in those parts ever since. My mother didn’t get/claim any share at the time of oral agreement. My mother has been living with one of the other two sons.
Recently some conflict of interest has arisen between me and other two with respect to share in passage while they contend that I don’t have share in common passage/gallery as I’ve got the front facing part of the property and they live in the rear side of the property. On the other hand, my contention is that total space for passage has gone out of the total property (which I would otherwise be entitled to had passage not been there). I contend to use the passage in the same manner as it is being used by other two (ie. gate in passage as well as balcony).
My mother further made a WILL 2-3 years back (with respect to the property which middle son has been living in) which I’ve been totally ignorant about until yesterday.
The WILL states that the middle son will be the sole owner of the property which he stays in after her death and and only two sons of her would have share in the common passage TOTALLY EXCLUDING ME from having any interest in the common passage.
My mother further threatens me to kick out of the property saying that she is entitled to dispose of the property in the manner she wants owing to the fact that she has been registered in municipal records (for the purpose of water tax and house tax)?
Please suggest:-
1. Can she dispose of the property in the manner she wants (ie. throwing me out of the property) merely because of the fact that she is registered in municipal records for the purpose of water tax and house tax ( This land comes under LAL DORA).
2. Is she entitled to exclude me from having any interest in the common passage space for which was deducted from the total property?
3. If answer to above question is in negative then I should be able to challenge the will since she can’t dispose of the property without my consent since I’ve also got interest in the passage, IS THAT RIGHT?
4. WILL is operative only after death of the person who makes the will. Right?
4.1 If yes, can WILL be challenged during the lifetime of my mother or it can be challenged ONLY after her lifetime.?
5. Can my right of having an interest in the Passage / gallery be curtailed merely because of the the fact that I”ve got front facing. I’m restrained from having a door and balcony in the gallery/passage?
6. Does law say that person having front facing get to have less share in the property compared to the ones living in rear end of the property?
Thanks in advance.
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