i am facing the follwoing problem about partition of A
Problem:- 5 brothers owned 10 Acres of agricultural land in punjab.
each is entitled to 2 acres of land. Four of them sold their undivided share to
a third party. The fifth brother filed a case againt the third party in civil court.
Now that third party wants to partition the property with the fifth brother
who did not sell his share. The third party now wants to settle the matter
through mutual settlement. The third party is willing to give 3 acres to the
remaining fifth brother under mutual settlement i.e one acre more than the
share of the fifth brother.
Now my queries are:-
1. Can they partition the joint property between them in this way as per their own wish,
i mean to say that can the remaining fifh brother be given more than that of his share
under mutual settlement.?
2. Or the fifth brother is only entitled to only 2 acres of land i.e his original share.
3. can this mutual settlement be done through court?
4. Is this type of mutual settlement is valid and legal?
5. Is it requires registration?