Legal Question in Real Estate Law in India

We are a Hindu family. My maternal grandfather had some property which came to my mother since she was an only daughter, but she died a few years back without making any will, after that my father handled the property details, but now he is also dead. I am the eldest of the 4 brothers and we want to divide the property amongst ourselves the queries are. the property is in Karnataka

1.) We had come to an agreement of dividing the property equally, and my 3 younger siblings asked me to take my choice, but since the plots are not of the same sizes there were some discrepancy in per share allocated, even when I told them I will compensate for the extra area, they did not agree, saying everybody should get near about the average value. So we again worked out a compromise and divided the property as per the average share, but in the agreement they mentioned 25% for me, 12.5% for the 2 brothers and 50% for the youngest, I have disagreed to this on the same ground of equal division. Question is whether they can do the division like the above said. I also mentioned that if the 2 brothers don�t want only 12.5% then the remaining 25% should be divided between me and the youngest instead of giving 50% to the youngest. If they disagree what recourse should I take?

2.) Also I requested that since it is the grandparents property we should try to keep it within the family, and if for any reason anybody wants to sell then they should give first preference to the family member and then if they are not able to meet the market value it can be sold to somebody else. They are saying as per Hindu law only a 15 day period is there for such kind of notification if within this period the offer is not made they can sell it. Is there a preemption law in the Hindu property act for this? Or can we specify the time period in the agreement?

3.) Also During the time my father was handling the property details he has sold some land on the request of one of my siblings and given the money to him, there is record of the land sold but no record of the cash. I also requested that this amount be compensated, can this be legally binding?

4.) Also my parents lived in a rented house more than 30 years and due to the tenancy law the house passed on to my father but my younger brother who is staying there refuses to compensate us for the said property. Also all the savings in the bank have him as the nominee and so he refuses to share this cash with us. The 3 younger brothers are in cahoots with each other so they are not saying anything. Can I take a legal recourse demanding my share of the same?


Asked on 1/23/11, 12:30 am

1 Answer from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

So many facts and details. It is advisable to consult your lawyer with all the details for proper advice.

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Answered on 6/01/11, 9:39 pm


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