Legal Question in Real Estate Law in
my father and his brother have an ancestral property which is 18'x72' and the road is on 18' side. My uncle is no more and the property is been divided into 2 and one half was given to m uncles daughter(she's second wifes daughter). The property is divided into 9'x72' each. Now we want to divide the property by 18'x36' each, the problem is who will get the plot on road side. the site is in tamilnadu. My father is the younger. please advice.
3 Answers from Attorneys
the property has to be divided by mete and bounds and in case it is not so, it should be sold and sale proceeds to be divided equally.
i differ. the only thing is to be seen is if the authority allows horizontal division of the property. If so, then you may divide 9 x 72 or 18 x 36 per your mutual agreement as to the direction.
It is a case of mutual agreement. You two should work out a settlement. If the value of the front is higher than the back portion, you may change dimensions; the person getting front may be given less area and the person getting back portion may get more area so that the total value is balanced.
e.g. instead of 18 x 36, it could possibly be : 18 x 26 (front) ;and 18 x 46 (back) or any other such combination as may be mutually agreed.