Property dispute..
Querist :
Anonymous
(Querist) 04 April 2025
This query is : Resolved
Hello Sir/Madam,
This query is regarding residential 3-storey building, a house that accommodates 3 families, on each floor, in Mohali (Punjab), beside Chandigarh.
Brother-1: He is graduated in Arts (49)and working as District Commander in home guards and civil defence. He is married and have 2 children, a boy (software engineer ) and a girl (an MBBS student)
Brother-2 : He is also graduate in arts (47) and an experienced lawyer by profession in high court district courts Chandigarh. He is running his own law firm. He is also married and have two sons (both are law students).
Brother-3 (Myself): I am an Electrical Engineer by profession (41) and a Canadian citizen. I am on OCI status in India. I am divorced with one son from my previous marriage (in Canada).
Mother: She is widow with pension (72).
Father: Passed Away.
My question is : As per my knowledge, registry of floors in a residential building, is banned in Punjab. My father has written a note on blank paper (before his death), that which brother will stay in which floor, after his demise. And we are living accordingly also. But now, the time has come to split (divide) this one property, among 3 brothers.
So, Can this property be divided in equal portion in %age of (34-33-33), as my brothers want to distribute the property by actual floor wise, which will be (50-30-20).. ??
A needful guidance is solicited please..
T. Kalaiselvan, Advocate 
(Expert) 04 April 2025
If there's no consensus or an amicable agreement is arrived among the legal heirs of your deceased father, better file a suit for partition seeking your legitimate share in the property.
The court will decide either for a proper partition or if it is indivisible then to bring the property to sale and distribute the proceedings to all the beneficiaries.
Querist :
Anonymous
(Querist) 04 April 2025
Thanks for your reply, Sir ! May I know how long will the respectful court take to resolve this issue, from the date of filing the suit..
T. Kalaiselvan, Advocate
(Expert) 05 April 2025
The time taken for the court to dispose the suit cannot be predicted owing to various factors involved in it. If you find no other option then you the court will only provide the necessary relief.
Dr. J C Vashista
(Expert) 06 April 2025
Your father is stated to have left a note specifying share of each legal representative, which is termed as a "WILL". However, if there is some dispute in such arrangement, get the property partitioned by filing a suit for partition and possession in the jurisdictinal court.
You will have to consult and engage a local prudent lawyer for necessary advise and proceeding.
Querist :
Anonymous
(Querist) 07 April 2025
I feel grateful for your kind advice, Sir ! Hope to find a competent lawyer in the local courts. Thanks again..
P. Venu
(Expert) 13 April 2025
Mother is also a legal heir; she has equal share as the sons.
may be there is no law providing for floor or apartment wise partition of common property. However, there cannot be any prohibition preventing the siblings in amicably settling the family property floor wise or apartment wise. Nor is there any legal requirement that each legal heir ought to be provided equal area. It is for the siblings have any amicable settlement which is convenient to them.
