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ASHIM KR RAY (business)     24 November 2023

Partition of land

Sir,

     i have a piece of land of 2katha which was verbally divided amoung me and my brother.

  In 2 katha  land, 60% of land on which i am doing busines for last 15years. and 40% land occupied by my brother till now.

     Now all of certain my brother asked 10% of remaining land. if i give that 10% if will effect badly on my business.even business can be closed.

Do i have any option to save ,brother is not interest to sale also.



Learning

 2 Replies

Sanskriti Tiwari   24 November 2023

In your situation, maintaining a delicate balance between familial ties and business interests is crucial. Verbal agreements can be challenging to navigate legally, but there are potential ways to approach this situation:

1. Seek legal advice to understand the specifics of your situation. Although the division was verbal, if there were witnesses or any form of documentation, it might hold weight legally. A lawyer can provide insight into your rights and potential courses of action.

2. Open a dialogue with your brother. Explain the impact on your business if you were to cede the additional 10%. Offer alternative solutions or compromises that could benefit both parties. Perhaps suggest compensating him in other ways or finding a mutually beneficial arrangement.

3. Consider documenting the past usage and occupancy of the land by both parties. Records of your business operation on 60% of the land for 15 years might support your case. This documentation could strengthen your position if legal recourse becomes necessary.

4. If communication becomes strained, consider involving a neutral third party or mediator. They can help facilitate discussions and find a resolution that both you and your brother can agree upon without escalating the situation.

5. Explore the possibility of leasing or exchanging land instead of outright ownership changes. This might allow your brother to have some form of ownership without directly impacting your business operations.

However, remember that preserving family relationships is equally important. Strive for an amicable solution that respects both your brother's request and the viability of your business. Communication, legal guidance, and a willingness to find a compromise might be crucial in navigating this situation without significant negative consequences for either party.

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T. Kalaiselvan, Advocate (Advocate)     26 November 2023

Your brother is entitled to 50% share in the property. 

You cannot deny his legitimate share in the property for any reason. 

If there's no amicable partition then he may approach court with a suit for partition. 

The legal battle will then stretch for years  causing financial loss,  physical and mental loss to both the sides until the case is disposed,  but ultimately the court will decide on an equal partition. 

Hence think over it properly and take wise decision before it will be late 


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