Jue J 12 February 2022

Partition issue within a family

Good Evening Lawyers,

This is regarding my grandparents' property in Nallagandla, Hyderabad , Telangana. They are no more. There is large house in a land which is around 400 sq. yards. My dad along with 3 other brothers technically now own the land. Three families(of three brothers) live here(other brother lives elsewhere). There's a proposal from three other brothers(excluding my dad) to give our land for apartment so that we get one large apartment each and the builder sells other 4 of them.(8 flats will get constructed). My dad and I are against this and we want to buy 100 sq. yards from one of the brothers and have an independent house of our own in 200 sq, yards instead. We do not have enough capital to buy 300 sq. yards from other brothers They are hell bent on giving it to apartment and telling us that we will be on the losing side legally if we do not co-operate. I just thought of getting a jist of what's there's in the store in legal terms before proceeding.

The property has road on one side, buildings on all the three sides. The apartment worth if constructed will more or less match to the land value of 100 sq yards.

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Sharmishta P Raj (nil) 18 February 2022

Since you and your father do not have enough capital to purchase 300 square yards of the land from the other brothers, you may be at a disadvantage because you will be unable to make the payment for 300 square yards and might lose your pre-emption rights. A pre-emption right, also known as a right of pre-emption or first option to buy, is a contractual right to acquire newly created property before anyone else can.
Furthermore, because the land is not demarcated, without a specific allotment of which part of the land belongs to which brother, this might work against you because all three brothers (excluding your father) can come together and decide to go ahead with the proposal of giving the land for the construction of the apartment, and you will be the sole owner of land with other three strangers. This could lead to future disagreements.
If you decide to collaborate with the brothers, you will receive 1/4th (25%) of the land and 1/4th (25%) of the apartment's property. This might prove to be more advantageous to you as legally speaking, the other brothers have the right to sell the property owned by them.

I hope I answered your query.

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