My sister, a widow along with her children is living with her mother in law in a joint family in one portion of a house since last 30 years. The house property exists in the name of her mother in law on a plot of approximately 200 square yards on lease. The mother in law wants to divide the property/ land between her living son and my sister in equal proportion i.e. 50% :50% in her life time only as she is getting old. While her son and his family are insisting to break the entire house as he plans to construct a three storied house on the plot considering future requirement of family and has offered my sister that she will be provided ground floor in the new construction and she should contribute money in construction of ground floor. Comparing to existing one portion of the house, ground floor except common areas will certainly meet my sister and her family requirement however she can not afford to get the new construction of the first floor as she has already spent a sizable part of her saving in adding one room to her portion of house recently. Thus, she has asked to reduce the land share in her favour. Her brother in law has worked out that she will have only 40% of share in the land for having ground floor while he will keep 35% and 25% share of land for the first floor and second floor and he will construct the ground floor with in cost of 10% of land as reduced in her share and in case more cost is incurred, she will have to incur the cost. He is asking her to vacate the house so that he can execute the construction, while no legal document have been made.
What legal documents should be made so that her brother in law may not go back on his words?
(a) A family settlement / Partition deed to decide ownership share first ?
(b) A contract later once she gets ownership share decided.
(c) Or any other document? 6th December 2008 From India