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Partitioned land not divided equally.What action can I take?
09-Mar-2023 (In Property Law)
We had a land which belongs to three families. My uncle himself decided which part he wants and started constructing without partitioning. After that we went to partition and agreed that everyone will get equal share of 1900 sqft. Which was mentioned in document as not to scale. Only when I calculate the square feet, I could find all three parts are not equal. My uncle has took 1900 SQft, we have got only 1480 sqft and the other uncle has got 1499 sqft. This is completely cheating. The difference came because we and the other uncle left way for 7 ft but the last uncle dint leave way and took that way part into his own as his side is the last part. CAN anything be done legally?
As your last uncle is having the portion behind your's and your first uncle and for the reason he chosen the rear side of the common properties he enjoys the entire 1/3 as his property. And you should also bear in your mind, normally the property near to the road will have more market value then at the rear side. your case is common and not a peculiar one. In terms of market value you might have a good proportion of share compare to your last uncle.
And also while demarcation in the partition deed all three of them should have agreed to the common passage of 7 feet. If not, you may fight back and file a suit.
And also while demarcation in the partition deed all three of them should have agreed to the common passage of 7 feet. If not, you may fight back and file a suit.
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Adv. GP Vijay
Chennai | 200+ Answers
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