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Need information regarding division of property


12-Jun-2023 (In Property Law)
Hindu Father had purchased plot in his name and daughters name using the money of the son. Father was retired and had no means of income. Later same property was mortgaged to one son to avail bank loan for construction of a building. Son was allowed to use 70% of the property for commercial and residential purpose because he bore the construction costs and paid off the loan. Father,along with his married daughter and two married sons were also given residential space. Now all siblings are claiming 25%share each in the said plot.
Answers (4)

Answer #1
650 votes
Dear Client,
Court will give ample opportunity to your father for filing his answer and he will be given ample opportunity for division of his share. Court Advocate Commissioner will be appointed for division of property. As per tradition and vastu your father may opt which portion will be received by him. Engage an expert advocate who deals in civil suits of partition for effectively adjudicating the matter.
Answer #2
820 votes
Hello.your grandfather will once you read any suggestions to son's equal shares is any suggestions your grandfather. You file civil suit court was decides equal share how many cents and werifed .No problem
Answer #3
826 votes
If the property was purchased by father and it's on his name and there is will then the property will be divided equally in all siblings. If you have proof that the money was taken from you during the property purchase then it may help you for extra share but property will be divided in all siblings
Answer #4
844 votes
Hi
Since the Will talks about equal share, the properties have to be divided by metes and bounds.
So the challenge is that brothers need to decide on which portion of the party is to be apportioned to each one of them and also decide on the right of pathway and other easementary rights(sunlight, water, terrace, entrance etc).
Generally front portion of property has higher valuation and who ever takes the front portion gets lesser area and back side portion gets a larger area as value is lower.
Please consult a local lawyer with the lay out of the house to decide on what should be your approach in partition by metes and bounds.

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