1. Yes, they have equal rights,
2. the cost for making the 1F will be borne by the C&D
A and B have respectively inherited G and 1F of a multi storey home comprising of G&1F , by a mutually agreed partition deed after the death of their father . B passed away , leaving 1F to C&D . What are the rights of C&D in the event building becomes dilapidated & needs to be resonstructef? Do they have equal right as A?
C and D have inherited B 50 per cent share in property
2) on redevelopment C and D would have equal rights as A
It seems that c and d are the legal shares of B and will get share from share they got from heritance so the decision of property will be held according to the partition deed between A and B.
Dear Sir,
It all depends upon family settlement if any or Will if any or as per Sections 8 and 15 of Indian Successions Act if they belongs to Hindu religion.
Since A and B had their rights in the property the rights of B have been automatically transferred to C and D by way of the testamentary disposition made in their favor by B.
Therefore C and D combined inherit the rights of B which is equal to the rights of A in the structure respectively as well as in the land beneath the structure.
A and B have 50% share each in land. And C and D can have 25% each of B share. So if G and 1F constructed than C N D have half share in F1.
1. Since "B" is the owner of 1F, the legal heirs (C & D) are legally entitled to unrestricted rights & title-ownership over 1F and ALL subsequent developments /reconstructions /benefits accruing (to the extent of 1F).
2. Rights of C & D would be restricted /limited to the Area ratio of 1F and not on the Area ratio of G. Hence IF area of G is more then 1F, THEN "C & D" shall not be entitled to any benefit accruing out of area of G.