One house, youngest son unable to occupy.

2 years ago

Hi , We have a house for which the first owner was my grand mother.
The house is a 1650 sqft plot and 3 floors built.
She had 5 sons , no daughters.
Grand mother & Grand Father : Died in 2007 & Died in 1987
Currently the house is in name of Grand Mother.
1st Son (eldest) : he never stayed in this house and he does not want to claim anything from this house.
2nd Son : Was living on 1st floor , shifted to new house in 2010 and died (including wife) in 2019.
3rd Son : Was living on 2nd floor , BUT 2nd son sold his 1st floor to 3rd son , so now 3rd son has occupied 1st and 2nd floor. Now claims 50% onwership on house as well. This all has been done without any paper work or consent. He has also constructed a room on terrace (without permission) which occupies 50% of the terrace.
4th Son : Is living on ground floor. Has occupied a room on 2nd floor and denies to vacate it.
5th Son (My father) : left home at age on 17 and never stayed in this house after that. But now he is back and needs a place to stay in the house.

Our issue : we want a place to stay in that house , need to construct 4 room atleast , probably on terrace. The 3rd son doesn't vacate the terrace saying , ask the 4th son to vacate the room he has occupied on 2nd floor. So that he can occupy entire 2 floors and claiming his 50% rights on the house. Problem is we are now in a deadlock situation and every one has occupied everything in the house , there is no place left for us. Also we are afraid that in future , how we will claim our share in that house as we are not living there, we don't have the original papers as well and no one is vacating anything there. How do we prove our ownership if matter goes into legal way ? And instead of waiting time on legal process , our priority is to get into the house.