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OUR FATHER IN HIS GIFT DEED AND WILL DISTRIBUTED HIS ONE COMMERCIAL PROPERTY TO SONS, IN DIFFERENT PROPORTION. HE HAS NOT MENTIONED ANYTHING ABOUT THE COMMON PASSAGE IN HIS GIFT OR WILL. HE HAS ALSO MENTIONED IN THE WILL THAT ANYTHING NOT MENTIOND IN THE WILL TO BE DISTRIBUTED AMONG THE BROTHERS EQUALLY. MY QUESTION IS IN CASE OF SALE OF WHOLE PROPERTY THE COMMON PASSAGE SHOULD BE DIVIDED EQUALLY BETWEEN THE BROTHERS OR IN PROPORTION OF BUILDED SHARES GIVEN TO THEM IN THE GIFT OR IN THE WILL. PLEASE ANSWER
It is advisable to consult with a lawyer to get a definitive answer on how the common passage should be divided in your specific case. The lawyer can review your father's will and other relevant documents and provide you with legal advice based on the specific facts of your situation. You con Contact us on helpline number for legal consultation.