1. The property was your father's self acquired property hence it is not ancestral property, therefore the claim made by your nephew is not maintainable in law and any dispute in this regard may not be tenable, he may fight a losing legal battle if he decides to go to court seeking partition or cancellation of the said gift deed.

You can always mention that on an oral; partition between you and your brother you were allotted the ground floor and the first floor to him, hence this gift deed to your wife is very much valid in the eyes of law., he cannot seek cancellation of the same for any reason.

2. The partition will consist all aspects which include UDS, common areas etc

3. Please remember that this property now belongs to you and your brother only, nobody has any rights to claim any share in it t least not during your lifetime.

4. Don't do that mistake because they re not entitled to any share in the property as a right, hence any such move will be deemed that you recognise them to have rights in the property, after which the property involving minor interest cannot be shared or transferred without court permission.

5. Now you both are entitled to an equal share in the property hence you can get the property prtitioned as it is now after which when the property is redeveloped then you can enter into an agreement with the builder for a share accordingly on the terms and conditions of the builder or the agreement.

It is not ancestral property 

2) it is self acquired property of your father on his demise you and your brother are absolute owners of property 

3) brother son consent is not necessary for execution of gift deed 

4) without clearance of bank loan no third party rights can be created in property mortgaged to bank 

5) on repayment of bank loan deed of family settlement or partition can be executed for division of property by metes and bounds 

1. During the lifetime of your brother his legal heirs have no right in the first place in any of his properties, hence they cannot challenge the gift deed executed by him.

2. You may file a suit for permanent injunction to restrain your brother and his family from dispossessing you from the ground floor. Declaration of title can also be sought in the suit by your wife.

3. The ground floor can be sold by your wife as she is the absolute owner of it.

4. You require no NOC from anyone.

5. It is for co-owners to decide how partition is to be done. There is no legal requirement that it should be done evenly.

It is self acquired property of your father 

it is not ancestral property 

The claim made by him is not maintainable. 

You can very well nullify his claim because the property was on your father's name hence there's no question of it coming under ancestral category. 

If the property is ancestral all legal heirs will have their share. If the same is not given then the deprived legal heir can approach court. Partition deed is better option after deciding share of all heirs. Clear title will be with registered partition deed. Yes if they give noc or relinquish their right then there is no issue. That court will decide the partition as per equal shares

1. Property was self acquired by father it is not ancestral it is inherited by you and your brother as per succession act Son of your brother has no right over it.

2. You and your brother along with your wife and son can enter into agreement with the builder after the loan is cleared and can also divide the share.

3. See they have no right to it as such the joint development and sharing agreement registered can be made with builder.

4. They have no right over it no NOC as such required.

5. It can be mutually divided as per the value of the share.

1. See if he is claiming so he has to price and provide evidence of same before court at this stage he has no right also if bought by father it's self acquired property and he has no right to it.

1. This is not a ancestral property and hence the son of your brother has no share by reason of his birth.

2. So in other words the gift deed made by your brother to transfer his share in favour of your wife is valid and can not be set aside by any court of law at the behest of your sister in law.

3. In that event you can safely proceed to make the development agreement with the builder and take it forward.

property is not ancestral your brother's son claim in not maintainable.

No share, Gift deed is absolutely valid. No case maintainable.  Title is safe. MOU will execute with builder and POA will execute in his favor and not partition.

Only you have title. NO NOC require from any.

Property is self acquired and not ancestral.

1. If ground floor was given to you through Gift deed then it cannot be revoked without interference of court. 

2. The partition will be done for undivided land along with floor in the building 

3. It will get registered on name of your family as per development agreement with builder. 

4. The property is not ancestral as it was on name of your father so Minor daughter cannot claim share if it is settled by her grandparents and father.