division of property
Querist :
Anonymous
(Querist) 19 March 2011
This query is : Resolved
My grand parents are expired 5 years ago.
they had 4 acres of land and a house. The land is in 3 parts , 1.3 arces approx each.
Now the legal heirs of the land are my father, and my 2 aunts who are married.
My aunts want the property to be divided and after that they will like to sell it off, while my father wants to build a house and does on one piece of land and does not want any division as he does not want the land to be sold off.
He has told my aunts that when ever he will sell then the amount will be equally divided amonst the tree but he is not willing to sell it now.
My aunts are insisting that thwy divide the land and do what ever individual wants.
Now they also tell that you can not build a house as they have an objection on it.
Please help me to know what can be done.
My father has also told them that if they too want to build house on the land they can but dont sell it, but they are no agreeing to it.
please help. can the aunts take legal action against my father if he builds a house on this land?
If the property is not divided now then what will happen after any one amongst the 3 dies?
adv. rajeev ( rajoo )
(Expert) 19 March 2011
To avoid unnecessary hurdles let your father file a suit for partition and seperate possession of his share by metes and bounds.
R.Ramachandran
(Expert) 19 March 2011
Dear Anonymous,
I think you also agree that the property has to be divided equally between your father and your two aunts.
Once such a division takes place, in metes and bounds, then your aunts can do whatever they want to do. If they want to sell, they can sell. I do not know why your father do not want them to sell the land. In fact your father should be concerned only with his portion of the land. To decide which is his portion of the land, partition has to take place between the three.
In case your father has any sentimental value attached to the property and want to retain, then he should come forward and pay the sale value to both his sisters. If he cannot do, then there is no point in unnecessarily creating trouble.
If he constructs any house on the land, without proper division, he will be in trouble.
Your father cannot say that he will give money (their share) to them whenever he sells the property. Your father's stand is not at all correct. When your aunt's want to sell the property and get money, your father cannot say that he will not allow them to sell.
Yes, if your father does not divide the property, or proceeds to construct any building/house, your aunt's can definitely take legal action, and they will also succeed.
The question of not dividing the property does not at all arise. If it is not divided, naturally your aunt's will definitely approach court of law pressing for division.
As regards your question, as to what will happen after any one amongst the 3 dies, If the property is not divided now - The answer is simple, the 1/3rd share of the property will go to the legal heirs of the deceased person.
