Sirs,
request expert advise here in terms of partitioning the common property.
Common property (a part in Will property) belong to 3 living persons (B,C,D) as per registered will of 'A" (registered in 1960). A died intestate leaving will.
A is a grand mother of B, C & D. (mother of B,C,D's mothers). Will property has got 3 individual houses built and a portion of vacant land adjacent to built houses for the use of latrines/bathrooms/garden/bore well for B,C & D's use. . As per Will 3 built houses were given individually to B, C & D but vacant land was termed as common to use among B,C & D in the will. At present no toilets/bathroom/garden in common vacant land and all demolished by act of nature. Access from road to all built houses and vacant land is through common path (equal rights to B,C &D). Now the question is if 'B' wants to use first 1/3 of vacant land adjacent to his house for building a toilet/bathroom as exclusive. B says only 1/3rd of vacant land will be used for this construction and demanding for partition of vacant land from C &D to release his 1/3rd part adjacent to his built house. Is this allowed legally? what are the rules for deciding the partition in terms of which 1/3rd part belong to B, C & D?is ther any preference for Youngest or Eldest to claim the first 1/3 is for B or second 1/3 is for B or third 1/3 is for B?-
D has an objection for B taking first 1/3 as D wants to sell his share also to B. but B doesnt want to buy D's share as B has no money to buy. B has started constructig toilet/bathroom in share. can this be allowed before partition or can this stopped from construction? Pl advise the rules.
many thanks....
AKK
