Hi, There were 3 brothers who bought a land of about 3 acres, 3 of them worked together and got the land, it is under the name of 3 of them. now 2 of them are dead and only 1 is alive, the families of 3 of them want to divide the land. But the land is such that the person getting the front side is having an advantage compared to others. All the three wants the land facing the road.. the one alive has an argument that as he physically worked in getting the land and is direct owner should get the side facing the road, and is also ready to give extra land to other two in order to make the land value equal. Is his argument valid? Generally, how is the partition done in this case? Does the one alive get any advantage over others? If we move to court how long it will take and how is the distribution decided?
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1)all3 brothers have equal share in land
2) on demise of brother his share would devolve on his legal heirs
3)the brother alive does not get advantage over others
4) if you file suit for partition for division of land by metes and bounds it would take 10 years for suit to be disposed of
5) commissioner is appointed by the court for division of land
Hi, in legal terms the area should be equal among all the three brothers .. But as per location is concerned , it is a matter of.mutual understanding, and it can be bet settled amicably.. It is advisable to agree and arise to a settlement on mutual understanding as legal litigation may take a long time .. He is not entitled to the front portion , it is a joint land in the name of all three brothers ... If you want to go legal you may file a suit for partition
Basically, all the stakeholders over this land are equal in the eyes of law. Just because you're one of the three original owners, you're not to be extended any additional benefit.
This property is to be divided by metes and bounds, where each one of you is entitled to inherit an equal share.
This is called mutual family settlement and party to the settlement agreement can accept any terms and condition in order to settle the issue out of the court. in this scenario party to the settlement agreement cannot move any application of suit before the Civil Court for its cancellation. this type of settlement agreement is valid and it has the same probative force as a decree passed by the court.
If the property cannot be partitioned then you can exercise right to preemption and purchase share of other stakeholders of the property. You cannot claim in advantage over the others on the ground that you are the soul leaving co sharer of the property
Ok, Now that 3 families have equal share... and one family doesn't want to settle the issue wantedly. what can be done? 1. Can we buy the land from that 1 family? are they bound to sell the land under the right to preemption? 2. Can we other 2 families sell the land if one of them doesn't agree? 3. We are fine taking any piece of land if we take the last part of the land which not all three want. Can we take that share? If we build the wall on our partition what can they do? Can they go to court? if yes, what can they claim? 4. We know they don't want to partition the land as we have and would build something on it and they don't want us to earn from that land.. What can we do? Is there a way to quickly settle the issue? like in less than 2-3 years?
Under section 44 of transfer of property act co owner can sell his share without consent of other legal heirs
2) you can buy undivided share of other co owner
3) you can enter into deed of family settlement with other co owners for division of land by metes and bounds
4) take last part of land , demarcate it’s boundaries
5) if amicable settlement is not possible then suit for partition is only remedy
6) suit cannot be disposed of in 3 years
1. Since the land while purchased was not demarcated all the 3 owners or its legal heirs have equal share and neither of them can exclusively claim one particular side of the proeprty.
2. Yes,you can purchase the undivided share from the willing co sharers.However since the proeprty is not physically divided you can take physical possession of the property.
3.To Get The physical possession of the proeprty or if the co owners which to first have their possession can file a suit for partition wherein the court though a Commissioner will physically partition the proeprty and distribute the respective share having equal market value.
If one of the party does not want to settle this issue, then you can file a civil suit sale of the land and also take plea that you want to purchased the land by exercising your right to preemption. When one party wants to delete the preceding then you can avail same remedy by filing a civil suit. If two families are ready to sell and one family reluctant then you can also move a civil suit for selling of whole land by order of court.If he wants to erect any construction on the land frustrate the right of others then you can take temporary injunction order against him and preclude him to make any construction in the land.If by malafide intention he wants to erect some construction with a view to frustrate your right then you can take temporary injunction against him.
1. Ordinarily, the partition is done from east to west.
2. Be that as it may, if there is no consensus among the co-sharers on the manner of partition then any one of them may file a suit for partition in the civil court whereupon the court will appoint a commissioner to divide the property through metes and bounds i.e physically,
3. Nobody gets any preference in the partition.
4. You are free to buy the share of one of the parties. They are not bound to sell under preemption.
5. You are free to sell your share but as the land is undivided the prospective buyer will then have to file a suit for partition to seek separate possession of his share therein. In an undivided land neither co-sharer can claim a specific portion of the land.
6. The issue can be resolved amicably through execution of a partition deed if there is a consensus.
1. The partition of land is to be done as per the value of the land allotted to each persons.
2. All shall get land having equal value. If the value of the land facing the road is more then the person claiming the front side of the land will get lesser area of the land to ensure that the value of land of each share holders are the same.
3. If partition suit is filed before the Court, then the Court Commissioner also will divide the property in the same fashion i.e. take in to account the value of the land allocated to each share holders.
4. There is no rule stating that the living person will get the front portion or shall get the advantage. It will be seen what value is agreed to be given by which share holder. He who wants to give the maximum value will be allotted the front portion and the rest will be allotted the remaining area and it will be ensured that all wil get area of equal value.
1.The question of preemption comes when you are selling of your share of the jointly held dwelling house to a third person out side the family.. In that case you shall have to offer to sell the same share to other share holders of the property first at the same price and on being refused to purchase the same, you can sell it to a third person. If they want to sell it,. then you can offer to buy it. If it is not a dwelling house then they are not bound to sell it to you.
2. You can sell of your share of the property to a third party since it is not a dwelling house.
3. All the divided land shall have to have equal total value for which the area of the land allotted to each share holders will not be the same. You can file a partition suit based on which the Court will divide the land and demarcate everybody's share with metes and bounds.If the land is partitioned either by registering a partition deed or by Court order, you can construct a wall surrounding your area of the partitioned land.
4. File a partition suit claiming partition of your share of the total land before the Court which will pqartition the land in to three parts dividing and demarcating it by metes and bounds.
It may kindly be noted that section 44 of the transfer of property act provides that the co-owner can sell his share without the consent of the other legal heirs.
If amicable settlement is not possible then you may file a partition suit which will take approximately 2 years to decide.
Regards
You are at liberty to purchase the undivided share of the co-owner and can take physical possession of the property thereupon.
Regards
A partition suit before the court will give relief to all sch inequalities and the unjustifiable claim by each other.
A partition suit before a court may take at least 3 to 5 years to get disposed.
An amicable partition among all the shareholders shall be the best solution.
The give and take policy would be beneficial to all the stake holders, if no compromise is arrived then a partition suit before court of law can fetch you proper solution.
1. If the share holder who is agitating this idea, is not willing to sell his/her share to others, then you cannot do anything about it legally except approaching court for partition and separate possession of individual share with metes and bounds.
2. If there is a party willing to buy the undivided share, then you can very well sell your undivided share of property.
3. If your share of property has been identified then you can construct any structure in it as per your desire, the other parties cannot object to it.
4. In the said situation, you may file an application seeking to restrain the defendants from indulging into any such action that may be illegal or alienating the property depriving your rights.