hi,first it has to be seen that in whose name the land is registerd ..if it is registered in the name of your father then ,tne land will be equally divided in all the three brothers ..if it is jointely registered in the name of your elder brother and father then you can claim only on the share of your father ...after the demise of your father you can file for suit for partition and claim your share
Equal distribution of land
We are 3 brothers. My Father invested in a land in Goa in 1990 along with my brother. The land cost then was Rs.5,650,00 and my brother supported by paying Rs.2,000,00. Today the land cost stands at Rs.70,000,00. Now my brother wants to construct a house for himself on that land. How will the land be equally divided among the 3 brothers without benefitting the one who builds the house ( As he gets the advantage of the Land cost (Rs.70,000,00) + his share of 35% (Rs.25,000,00). The other two brothers residing in other cities have their own home loans and would not like to invest in making a house there. 1. What should be the correct share of the 3 brothers as per above option? 2. Is there any other way to approch this peacfully?
Asked 8 years ago in Property Law
Religion: Muslim
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6 Answers
Your father's stake in this land(to the extent of his contribution of RS. 3,65,000/-) is to be divided equally amongst all the three brothers.
Suggest your brother for partitioned of your father's share in this property. Thus, your brother in addition to his own stake in this land, will also be entitled to share 1/3rd share in your father's stake.
If he isn't ready for partition, file a suit for partition.
(My reply is based on the assumption that your father is no more)
Deed of family settlement can be arrived for division of land among the father and 3 sons
2) son can be given his 35 per cent share and Balance divided among father and other 2 brothers
1. The said land was purchased in joint names of your father and brother for which your said brother holds 50% share of the said land as per law.
2. He might have paid 35% of the total consideration for buying the said land but that does not restrict his ownership to 35% of the said land.
3. However, if you wish to claim that he is the owner of only 35% share of the total land, then you shall have to file a declaratory suit praying for a declaration that he owns only 35% share of the said land and the balance 65% was owned by your father. With out such Court declaration, he will be treated as 50% owner of the said jointly held land.
4. You can try for amicable settlement and if he does not agree for such settlement, file the said declaratory suit as advise above also filing a separate petition praying for availing a stay order restraining your brother in constructing house on the said land till the suit is disposed of.
Whether the property is in joint names of your father and brother?
Or in your father's name alone? If it is in your father's name, during his lifetime there can be no claim made by anyone as a right towards any share in the property.
If your father is not living and if the property is in your father's name alone and there is no consensus arrived among the legal heirs on amicably then you can go for partition suit seeking your legitimate shares in the property
You father is alive or dead?
If dead, was there any will or he passed away without a will?
Regards
