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My chacha not dividing the land equally.
14-Jun-2023 (In Property Law)
We have a 200 yards property that is in the name of my father and his youngest brother. Half part of the property was shattered and half part was was okay since the time they purchased. He has given the okay part to labourers and collects good rent as it has 3-4 rooms from the past 20 years. Whenever we ask him to divide the land he says yours is the ground floor and I have everything above that. Neither he divides the rent received. Saying that he has rented 'his' part of the property. Can we receive the compensation of the rent for past years and divide the property in equal halfs like 100 yards we have and 100 yards he can have. What logic it is that you have ground floor and I have 1st floor, because he will construct more floors on top of it and sell it for good amount. Please help.
If the property is in joint name as joint owner with undivided share, in that case you. an file a case for partition of the property as no fixed share is defined. As far as the rent is concerned, you can claim rent collected by from last 3 years only and not more than that. But seeking partition is the only remedy left.
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Adv. Harshit Jain
Delhi | 100+ Answers
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Dear querist,
Yes, shares in the property can be divided by filing a partition suit before the court. The court will be passing a decree in which each share of the shareholder will be mentioned precisely and mutation in the name of your father can be done.
But before, you should send a legal notice to your father’s brother stating the division of the property and share in the rent,otherwise a case will be filed against him will suffice your requirement.
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Adv. Yuganshu Sharma
Delhi | 700+ Answers
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