Equal Distribution of property 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.

Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir
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.
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Vidhi Samaadhaan Vidhi Samaadhaan

Ankur Goel @ Complete Law Shield

Responded 2 years ago

A.the brother invested less can pay difference to other brother.
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Vidhi Samaadhaan Vidhi Samaadhaan

Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
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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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 2 years ago

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A.Hi,
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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Vidhi Samaadhaan Vidhi Samaadhaan

Chakrapani Madupu

Responded 2 years ago

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A.You should consider yourself for the property share as a daughter, your elder brother can repay the loan amount per his share and take an equal portion of the property
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Vidhi Samaadhaan Vidhi Samaadhaan

Ankita Jaiswal

Responded 2 years ago

A.See, send documents regarding this n detail on mail or call etc then we will advice u bcoz no document examine it's toughf to give advice, if u like my ans PlZ rate my ans *****,thanks
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Vidhi Samaadhaan Vidhi Samaadhaan

Abhimanyu Shandilya

Responded 2 years ago

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A.The family should sit together take stock of every money and property and then decide mutually with every one's agreement on how to distribute the property.

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.
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