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Sagu Jana   05 December 2021

1/12 is equal to 2/5

1/12 is equal to 2/5

30 years ago a son-in-law came across a land of 12 acres and he predicts that in future it’s going to be very fruitful. But he had money only for 1/3 so he spoke to his father-in-law about that and he agree do pay remaining 2/3 for the land.

So, Son-in-law sold his savings, mother’s jewel and wife’s jewels, borrowed money from the people to pay 1/3 of land and Father-in-law sold his ancestral property and gave 2/3 of the money. Since father-in-law had 3 children - 2 sons and 1 daughter. He wants to divide it and give to his 2 sons.

Now the land owners are Son-in-law, Brother 1 and Brother 2 each having 1/3 of the land.

The land was uneven and not of much use. So, Son-in-law decided to make use of it so he spent (x) amount to level the ground and worked hard to level the entire land and get into a proper shape. Then the farming turned to be loss and son-in-law beared the loss fully.

After 15 years, unfortunately Son-in-law got expired so his wife wanted to sell 60 cents of land from 12 acres of land for her daughter’s education and marriage. While selling the land it had an issue that the land is in different person’s name as the survey number got swapped. The buyer said he takes care of the issue but asked the daughter to sell 50 cents as well. So she agreed for it and sold 110 cents with an per cent value of 22k rs. (approx.).

Few years after Brother 1 sold 35 cents for his personal needs with a per cent value of 60,000rs. (approx.).

And few years after unfortunately government 4 way road took a major part of land and now everyone left with just 484 cents.

Out of which the land available are in 3 different parts. 24 cents, 164 cents and 300 cents.

  1. 24 cents value per cent is 2.8L rs. (approx.)
  2. 164 cents , 64 cents – value per cent is 85k rs. (approx.) rest other cents value unknown
  3. 300 cents – value unknown

Now the issue is how to divide this property between the 3 land owners

Proposal 1 by the Brothers – LAND FOR LAND

  1. 24 cents – To be given to Brother 2 – as he didn’t enjoy anything from the land before
  2. 160 cents – To be equally divided between Brother 1 and Brother 2
  3. 300 cents – To be divided between all the three equally Brother 1 and Brother 2

Brother’s justification - Since the sister (110 cents) and Brother 1 (35 cents) sold and enjoyed the land years before, the same amount of land need to be taken by the brothers as well and then the remaining land need to be shared equally.

As per this 1/12 is equal to 2/4.84 and says as per the law of tamilnadu land for land is Justice

Proposal 2 by the Daughter (Sister) – SHARE FOR SHARE

According to her, In 12 acres – Each share holder will get 4 acres out of which she sold (110 cents) so her share holding is approx. (0.75 out of 1 share). So she is asking them to deduct the amount and give her share of (0.75/3) , while her brothers will get (2/3+0.25/3) whenever the land is sold.

She is ok for land for land when there was 12 acres but as of now remaining is only 483 cents she wants share basis of calculation.

All remaining land need to be shared as per share holding basis and not on land basis. Since sharing land basis causes huge loss for her.

Brothers are objecting Proposal 2 as on share basis they feel they are in a huge loss and only sister is getting benefitted

As per share basis 1/12 is not equal to 2/5

What is justice? Proposal 1 Land for land or Proposal 2 share for share or anything else that benefit both the parties so that no one will be in the loosing side

 1 Replies

Dr J C Vashista (Lawyer)     05 December 2021

Be brief and specific if you expect obligation of experts on this platform, otherwise consult a local prudent lawyer for better analyses of facts/ documents, professional advise and necessary proceeding.

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