Anonymus (Student)     19 July 2024

# How to divide property which is is inthe form of quarters ??

We have 100 sq yards of property , where it is constructed in the form of quarters i .e lower portion and upper portion. lower portion value is 45 L and upper portion value is 35 L , here the portions can be sold and bought separately . where as in the total 100 sq yards , both the parties i e upper and lower portion owners will have equal share i .e 50 sq yards.

Total value of our 100 sq yards property is 80 L , in that my father share of investment is 65L and my brother share of investment is 15L(i.e loan)

Also lower portion(45L) is registered on my father's name, upper portion (35L) is registered on my brother's name (in this my father paid 20L , and rest is made into home loan )

Now we are three siblings, my father wants this property to be shared or to be given equally among three of us .

Other than selling it and dividing the amount among three of us , what else is the solution to divide it equally among three of us ? without any issues ?  so that further issues may not arise.

NOTE : My father and we all three siblings , no one of us want to sell the property , we all just want to get it divided equally , What is the solution for this ?

kavksatyanarayana (subregistrar/supdt.(retired))     19 July 2024

Your father and you and your brothers may divide the property as "undivided and unspecified" shares.

From your contents that property seems to be indivisible, hence you cannot have a share of the property with demarcations.

Even if you awnt to have an undivided share then the actual owners have to execute a settlement or gift deed or a sale deed to transfer a portion of the undivided share in the property to the persons whose names are not in the sale deeds.

You are very well ware of the complex situation and also know that it will not be possible to have the property as desired, you are posting a hypothetical question here.

Anonymus (Student)     20 July 2024

Sorry sir if it seemed as hypothetical , i just want to mention one small thing that , as i already posted that it is being constructed as quarters i.e it is very old , generally here in our society ( our colony ) people do buy the portions and get registered on their names either it is lower or upper. many people own only lower portion , many own only upper portion.

EARLIER we also owned only lower portion later on we have purchased the upper portion too

construction is of no value , it is literally very old ,  Almost 80% of the constructions in our colony are demolished and new constructions were made.

( Here , if x person owns lower portion they wait until upper portion is kept for sale , so that they can buy and get ownership of whole land and vice versa)

So sir,  leave about the construction, the reason i hve mentioned in detail about the construction that it is made in quarters is, as in our case lower portion is registered on my father name, & upper on my brother name .

Now my context is , irrespective of construction (construction shall be demolished as it is old) , can the whole 100 sq yards be registered as one whole property ???

can a partion deed be made among three of our siblings , so that each of us have equal right and equal share in the property ?

( here again equal share in the sense not by dividing the 100 sq yards)

if at all , even if we construct or if we sale it in future, we all three must have equal right on it .

My context is we three siblings must have equal right on it , that is our father intention

can partition deed be made in such way ? or an agreement could resolve this in such way ?

Dr. J C Vashista (Advocate )     20 July 2024

Prima facie it is a moot court topic, isn't it?

If so, consult your professor / tutor / coach.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     20 July 2024

Dividing a property that is in quarters (meaning it is jointly owned by four individuals or parties) can be a complex process. Here are the general steps to follow: 1. *Determine the ownership share*: Confirm the ownership percentage or share of each party. This is usually specified in the property deed or title. 2. *Agree on a valuation*: Get the property appraised or agree on a market value to determine its worth. 3. *Calculate the value of each share*: Multiply the total value by each party's ownership percentage to calculate their share's value. 4. *Discuss division options*: Parties can either: - *Split the property physically* (if possible): Divide the property into four separate units or parcels, with each party receiving their designated share. - *Sell the property and split the proceeds*: Sell the property and distribute the sale proceeds according to each party's ownership share. - *Buy out other parties*: One party can buy out the shares of the other three parties, becoming the sole owner. 5. *Consider legal and tax implications*: Consult with a lawyer and tax professional to ensure the division process complies with legal requirements and minimizes tax liabilities. 6. *Document the agreement*: Put the agreed-upon division in writing, signed by all parties, to avoid future disputes. Remember, dividing a property in quarters can be complex and contentious. Consider mediation or legal assistance if necessary to ensure a fair and peaceful division.