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hemant (Partner)     23 February 2011

Household Property Division

Dear sir,

My father had built a single storeyed house 50 yrs ago and presently me & my brother are the legal hair to this house. About 20 yrs ago we got another floor built on it and few alterations & renivations were done as well.The house was mostly used by my younger brother who stays in that town and only occasionally by me & my family who stay in a different town. Now we wish to have a clearcut division of this property and insist on a vertical, midline division through the plot & the building from ground to sky while the brother is reluctant and wants it horizontal in the form of ground floor for him and the first floor for me with terrace rights equally divided and the garden and parking shared by both. The ground floor has much more utility & commercial value. His view is residential while mine is now commercial since I dont stay there and the property has appreciated in a big way. We would like to settle the matter amicably but if not what does the law say in this regards?

Thanks



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