• Land distribution

My father was three brother and he bought a 20*80 sqft (width 20ft, length 80ft) land jointly. both the side and back is surrounded by neighbours land with no space. Now my father is no more. One of my uncle is keeping 20*40 sqft of land in the back with 4*40 sqft of the path from the middle, saying the back has less value and we are getting 8*40 sqft on either side. Please suggest me how much land he should get if he is taking in the backyard.
Asked 4 years ago in Property Law
Religion: Muslim

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7 Answers

The land was bought jointly and thwre was no partition then. Therefore one cannot arbitrarily take a portion of the property and claim it as his own. File a partition suit against all the shareholders. Your uncles cannot choose any piece of land.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

It should be equally distributed. But if there is a preference of specific area then it needs to be mutually agreed between the share holders

Prashant Nayak
Advocate, Mumbai
34675 Answers
249 Consultations

All 3 siblings have equal share in land 

 

better to enter into deed of family settlement for division of land equally by metes and bounds 

 

there should be easmentary right of access for all the co owners as there is no other pathway to the land 

Ajay Sethi
Advocate, Mumbai
99999 Answers
8163 Consultations

You need to file a suit for partition of the property by metes and bounds, as a legal heir of your late father, against your uncles.

Swaminathan Neelakantan
Advocate, Coimbatore
3082 Answers
20 Consultations

Hi, all the brothers have equal share in the property you have to divided the property equally.

Pradeep Bharathipura
Advocate, Bangalore
5625 Answers
339 Consultations

- if that property was jointly purchased by your father with his three brothers , then after fathers demise his 1/3rd share in the land can be claimed by his legal heirs. 

- Partition the land in equal three parts after leaving the space for ways. 

Mohammed Shahzad
Advocate, Delhi
15859 Answers
243 Consultations

If the property purchase by your father jointly along with his brother had not been partitioned properly during his lifetime and if your father is reported to have died intestate, then his legal heirs can discuss about the modalities to divide the property as per the mutually agreed conditions for an amicable solution instead of stretchering the issue to lead to a legal dispute.

If he is not agreeing for any amicable solution and insists on his own dictates towards this division,. you may refuse 

 the same and file a suit for partition  for a solution through court as per procedures of law. 

T Kalaiselvan
Advocate, Vellore
90199 Answers
2506 Consultations

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