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Regarding Proportation of House Land if not mentioned in Will


06-Mar-2023 (In Property Law)
Having 298 sq. yard house with Ground & First floor & terrace. Property divided among 5 brothers. My share is entire ground floor consisting of 2300 sq ft. covered area. Terrace common among all. In Registered WILL division of portion is mentioned & we all brothers following it. There is no mentioning of Land Share, Now I want to Sell my ground floor portion. Just want to know for how much land share i am entitled for as its not mentioned in the WILL & currently i am having 50% (ground floor) of the house in my share. Pls let me know as per law for how much land share I can sell to the buyer.
Answers (3)

Answer #1
529 votes
one fifth of total land is your share but that can only be given to you if you sell the whole property in which one fifth part will be given to u.
Rest if u wanna sell your part that is ground floor u can sell it to anybody and subsequent perchaser will be entitled ofvall thevrights you posses.
Answer #2
830 votes
Dear Sir,
Only after seeing the documents I will be able to advice you accordingly.
You can share the relevant documents via mail.

Please free to contact the undersigned to seek clarification.
We are practicing in Delhi-NCR-Gurgaon-Punjab
Regards,
Pragya Wazir
Answer #3
766 votes
You would get proportionate land share in the property. But that land share cannot be apportioned until the other persons owning the property also want the same. So you need not sell any land share to buyer. If all the owners of the house would want then they can at any later stage divide the land share among themselves proportionately. This may be done either through the court or also through mutual understanding.

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