You don’t have to pay your siblings Rs 3 lakhs as house has been divided between you and your siblings
Valuation of house
Hi Our ancestors property is divided into 3 shares among 3 brothers. The 1st area where the house is situated is for me, from our kitchen to the middle backyard is for the second brother and the remaining area of the backyard is for the elder brother. So in this way the area is equally divided among the three brothers but my brothers are still asking me the value of the house that’s approximately 1.5 Lakhs for each. So even though the property is divided Equally do I still need to pay them the 3 lakhs? Please advise
Asked 4 years ago in Property Law
Religion: Christian
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8 Answers
If the oral partition is not agreeable to one or other shareholders then the frustrated shareholders may demand for compensation.
If you don't agree to their demand, you may file a suit for partition before competent court for partition and separate possession of your legitimate share in the property by an order of the court.
If you want to avoid stretched litigation you may negotiate with your brothers and settle the matter for a lesser amount.
Please share if the property has been divided through some degree of the court or it has been divided orally by the parties. Also if the share is being equally enjoyed by three brothers then there is no need for you to Give Any money to your brothers.
Please share all the facts in detail so that a concrete advice can be rendered
- Since, the ancestral property already divided amongst 3 brothers equally , then the question of paying any amount doesn't arise , specially if you are not getting a commercial property .
- If they are not agree for that settlement , then you can approach the Court for getting petition of the property .
It depends on mutual agreement if not agreed mutually partition suit is only way
It is not clear how you three divided the ancestral property, was it by a partition deed or by a court order? If it was by a mere oral arrangement, you need to file a suit for division now to settle the issue.
Dear Client,
A partition deed is mostly used by families, to divide members’ shares in inherited properties. After the division through the partition deed, each member becomes the independent owner of his share in the property and is legally free to sell, rent or gift his asset, according to his will.The need for a partition deed arises, when it becomes important to create a clear division of shares in the property.
Thanks & Regards
It is not always possible to divide immovable property in equal value a the shared getting front portion will at benefit than the sharer getting back portion. The sharer getting property of high value has to pay compensating charges. Owelty is an equalization charge. It is the amount paid to another party when it is impossible to partition real estate into units of equal value, so that each party receives equal value from the property.
