Sharing Of Property
sagar Rao
(Querist) 07 August 2010
This query is : Resolved
Dear Sir/Madem
My father had won 400 square yards land and myself and my elder brother built the house by investing an amount of Rs.900000/- in which i contribute Rs.6 lakhs and my elder brother is Rs.3 lakhs and we are four brothers and my fouth brother had build bouble bed room protion on first floor by investing 2.5 lakhs and he had died 15 months back and my father expired last 6 years back and now my mother/bothers want division of house in three equal parts of 133.33 Sq to each of them,my third brother had not invested any money on property.
As there is no proof of money invested on house, in written document or accounts had been not maintained, only Father/mother and relatives/society people knows.
We brothers are not co operative and having different attitude in sharing of property and my mother had approched our community elders to divide the property by calculating amount invested by their sons on property.
Our community elders are given 138.5 squar yards + first floor of two bedroom portion to my elder brother, me 138.5 square yards and my younger brother had given 123 square yards + he had to give Rs.35000/- to me for which they have given one month time to my brother,
All above sharing of property details was written on community letter head we and our community (Society)president & secratery have signed on letterhead.
But now my younger brother are refusing to pay Rs.35000/- to me, stating that he don’t have money with him, and I informed same to my community elders and they also stating to me to forgive my brothers as they dont have any money, but fact is that he is having the money but he dont want to give it to me.
Second thing is that i am not satisfied with the way my commumity elders are divided the property among our brothers, as my elder brother is invested Rs.3 lakhs he had given the ground floor house of 138.5 sqd land and first floor 2 bedroom portion and i invested Rs.6 lakhs i got only 138.5 sqd house, stating that I got middle portion of house which built up are is more compare to two brothers portion, there was totally wong calculation done by our community elders know i want to move to court of law for want of justice to me.
So please inform me that signed copy of letter head is the legal binding on all of us or not and if I file suit in the court I am going to get justice.
Note: Our community (Society) is the registered body under the society act in Andra Pradesh it works for our caste people only)
s.subramanian
(Expert) 07 August 2010
no comunity organisation can interfere in such matters and render judgments. if you had already consented to have them as arbitrators in writing then you are bound by their decision. otherwise you are not bound. please clarify if they have taken anything in writing before effecting the partition to say that you have undertaken to abide by their decision. If not,you can file a suit for partition and demand justice from courts.
adv. rajeev ( rajoo )
(Expert) 07 August 2010
you have to prove that during the life time of the father there was a partition amongst the family members and it was acted upon, otherwise after the death of the father succession opens and every co-parceners will get equal share in the property.
Raj Kumar Makkad
(Expert) 07 August 2010
I suggest you in the light of advice of adv. rajeev that if you agitate against the decision of elders of the society and go to court seeking fair partition of land then also you cannot get better right than 1/3 share without much consideration of capital invested on the construction by any individual as as the same money was incurred during the life time of your father without getting any formal partition of the property. So it is better to accept the formula and forgive your younger brother.
