How to divide joint property through mutual settlement


hello friends,

i am facing the follwoing problem about partition of A
joint-immovable property.

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?

Thanking You.

 
Reply   
 
Advocate Bangalore

A compromise petition under O23 R3 of cpc may be filed. the suit will be dismissed as settled out of court as per terms of compromise decree. any amount/ acres can be given to the plaintiff to with draw his case. and the said compromise need not be registered. if the defendant contests the matter the plaintiff is entitled to 1/5 th share only i.e 2 aces assuming that he is entitled to 2 acres in law.  Under transfer of property act, the said 3rd party also has locus to file a suit for partition among the 5 brothers.

I THINK.


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