• Willing to compensate

We are three brothers having two properties in dispute. one property is approximately 9800 sq ft (Sch-A)and other property is 5200 sq ft (Sch-B). 75% of Sch-A Property is enjoyed by Eldest Brother (B) and 25% is being locked  by Youngest brother (Y). Sch-B Property is being enjoyed 70% by Middle brother  (M)and 30% is being kept in lock by Y. Y filed a partition suit in the court and court has decided that all three brothers will have equal share i.e. 1/3rd in both the properties and a pleader commissioner has been appointed. Now, the brother M wants that both the property be valued and 1/3rd value of aggregate should be adjusted by paying in terms of money to brother Y so that he can purchase a third property,as he is not enjoying both the properties and put an end to the division or demarcation of properties by pleader commissioner but brother Y is insisting to take division from both the properties. If division is made in accordance with brother Y the value of the property will be reduced as also its uses. Brother Y is not willing to settle at any cost. Now my question is whether a petition by filed in the court suggesting what brother M is asking with brother Y ? If yes how and in what manner so that it could succeed or any other suggestion.
Asked 7 months ago in Civil Law from Jamshedpur, Jharkhand
1) once preliminary decree of partition is passed by court and commissioner appointed the property would be divided by metes and bounds on basis of commissioner report 

2) if property is incapable of being divided by metes and bounds or it appears to court that sale is more beneficial court may direct property to be sold and proceeds divided equally between the parties 

3) under  section . 2 and 3 of the Partition Act, the various  stages
in the Proceedings would be as follows :
1.   In	 a suit, for partition if, it appears to  the  Court
that  for  the	reasons stated in s. 2	a  division  of	 the
property cannot reasonably and conveniently be made and that
a  sale of property would be more beneficial it	 can  direct
sale.  Ibis can be done, however, only on the request of the
shareholders interested individually or collectively to	 the
extent of one moiety or upwards. (2) When a request is	made
under  s.  2  to  the  court to	 direct	 a  sale  any  other
shareholder  can  apply	 under s. 3 for leave to  buy  at  a
valuation  the share of the other party asking for  a  sale.
(3)  The  court has to order valuation of the share  of	 the
party asking	for sale. (4) After the valuation has been made	 the
court  has to, offer to sell the share of the  party  asking
for sale to the shareholders applying for leave to buy under
s.  3. (5) If two or more shareholders, severally apply	 for
leave to buy the court is bound to order a sale of the share
or  shares to the shareholder who offers to pay the  highest
price  above  the  valuation made by the court.	 (6)  If  no
shareholder  is willing to buy such share or shares  at	 the
price  so ascertained the application Linder s. 3  shall  be
dismissed, the applicant being liable to pay all the  costs.
Ajay Sethi
Advocate, Mumbai
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you should file an application before the court for partition of property on ad valorem because if it is partitioned on equal share basis then it will cause adverse effect on the property subject to its use and valuation. court has power to divide property on valuation and give option to the other share holders to purchase it on market rate.  
Shivendra Pratap Singh
Advocate, Lucknow
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41 Consultations
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Now my question is whether a petition by filed in the court suggesting what brother M is asking with brother Y ? If yes how and in what manner so that it could succeed or any other suggestion.

M or any party to the case may file any petition as per their desire but the court cannot force any individual's desire or decision on others.
If Y is not agreeing for the compromise proposal, the court may not be able to force the decision on him.  
If the property cannot be partitioned or there arrives no consensus in dividing the property equally, the court may pass an order to bring the entire property into auction and the proceeds shall be disbursed equally among all the heirs.
T Kalaiselvan
Advocate, Vellore
13935 Answers
127 Consultations
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Whether court will intervene for the settlement I have asked for., also cite case law

Court will not intervene in the proposal, it may refer the matter before a mediator who may arrange for a compromise situation but if that does not happen then the court shall proceed as per law.  
T Kalaiselvan
Advocate, Vellore
13935 Answers
127 Consultations
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In a partition suit the court can order the sale of undivided property only if all the co-owners are in agreement to sell it and divide the sale proceeds among themselves. In the absence of such an agreement the court can only order the division of property. No separate petition can be filed for the sale of property,
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
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