This is regarding a property that belonged to my mother. The property consisted of 3 floors(Ground, 1st, and 2nd) and a terrace. The terrace included a telecom tower which was also a source of income to my mother. In 2005, she gifted the 2nd floor to my brother and the 1st floor to me while continuing to have possession of the ground floor. The gift deeds also mentioned that the common areas will be divided equally between herself (33%), me (33%) and my brother(33%). In 2012, she passed away leaving the ground floor and the tower to me (through a registered will) as well. Now my brother is planning to file a case against me stating that since 33% of the terrace is owned by him, he also is entitled to 33% of the tower income since it is on the terrace. Is this legally correct? His argument is that since 33% of the common area was mentioned in the gift deed, the tower passing to me through the will is invalid since it is already divided through the gift deed in 2005 (though not explicitly mentioned in the gift deed). Another point to note is that the tower occupies less than 66% of the terrace. Please do let me know.
