Equal Distribution of property
2 years ago
Dear Sir, This question is on behalf of my parents. They have a plot of three gunthas. They had constructed the ground floor where they are presently staying since 1990.
They have two sons and one daughter they had decided to give the first floor to the younger son and the second floor to the elder son.
So 5 years earlier, with everyone's consent the first and second floor was constructed.
A loan of 30 lacs was taken in a joint account of my younger brother and father's name.
The installments are still paid by my younger brother and some amount (10 lakhs was contributed by my parents and elder brother during the construction).
During the construction my elder brother invested in some other flat and hence did not contribute to much.
Presently my younger brother is staying on the first floor and second floor is vacant.
Now my parents question is if they would like to distribute the first and the second floor to both the brothers equally how can it be done without being unfair to both.
Ground floor construction 750 square feet
First and second floor both 1300 square feet each.
The question is not about the ground floor but about the first and the second floor how can it be distributed equally amongst both the brothers.
If properties cannot be physically divided then whole floor shall be given to one son and the equialent amount to be collected and given to another son.
Ankur Goel @ Complete Law Shield
Responded 2 years ago
Ayantika Mondal @ Prime Legal
Responded 2 years ago
You should provide documents related to loan and a valuation of the property to a lawyer who can then assess the same and suggest methods for division and partition. Since your brother has repaid the loan more than the elder brother therefore his share on the property increases.
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All the legal heirs of your father, including you will have a right on the property. But it appears that your younger brother invested money to develop the property therefore, his right on the property will differ from others. It is best if you amicably resolve the matter after taking into consideration the loan amount and the values of the property. For giving a proper division all necessary documents related to the property as well as loan papers would be needed.
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Ankita Jaiswal
Responded 2 years ago
Everyone's contribution and right should be taken into consideration.
If you wish You can initiate ODR- Online Dispute Resolution process on Vidhi Samaadhaan through this link https://www.vidhikarya.com/online-dispute-resolution and try to get it resolved.