My friend Sheetal's father has asked the following question:
We have a piece of land in Village Saswane, Taluka Alibaug, and District Raigad. The land measures 18 Gunthas. My father died in 1948 leaving me, my elder brother, my two sisters and my mother behind. My mother died in 1999.Currently my elder sister is 75 years of age,elder brother 70 years and one more elder sister age 65 and myself 63.
My elder brother is an advocate in High court. It was decided amongst us in Nov 2007 that the above land must be divided in four parts. As per it was decided, that I would be keeping the land of my share and the remaining 3 parts would be sold. The part that I wish to keep consists of a house built by me. I have done all the expenses including maintenance of the house. The part I wish to keep does not come in the way of transaction.Therefore, there was no objection from my brother and sisters end, infact they were all happy.
he very well knows that practically my sisters cannot go there due to their age.
My brother says even if the property is divided into two parts he still has the right to occupy the half part of the house which is constructed by me by spending a huge amount.
If the property is divided and the area which has the house is given as my share. How can he claim the half part of the house?
As far as my knowledge is concerned whatever trees, structure, rocks on the land parted to me, belong solely to me and no one has the right to enter the house compound or house without my permission. This may please be confirmed.
Secondly, my both sisters have married in 1956 and 1967 respectively .Do they have the right in share of above property or not & if no , whether if we desire to give them some portion in cash or in kind whatever possible to us to give them being the legal heirs is it possible .Please confirm
