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Avijit Kashyapi   17 June 2024

Solution

SUPPOSE, THERE IS A BUILDING WITH 3 FLOORS, WITH THE GROUND FLOOR 1650 SQUARE FEET, THE SECOND AND THISRD FLOOR ARE BOTH 1989 SQUARE FEET, OWNED BY A HINDU UNDEVIDED FAMILY, SO ACCORDINGLY TO THE INDIAN PENAL CODE, DURING MUTUAL SEPARATION, HOW WILLTHE OWNERS OF THE SECOND AND THIRD PAY THE OWNER OF THE FIRST FLOORS FOR THE EXTRA AREA?

FOR THE CONTEXT, THE DIFFERENCE IN CARPET AREA (189-1650) SQAURE FEET IS BECAUSE THERE EXIST COMMON AREA SUCH AS SWARAFGE, WATER RESERVER, PUMP, ELETRCI METER


Quick Summary
This discussion addresses how to fairly divide a three-floor building owned by a Hindu Undivided Family (HUF), where floor sizes differ due to common areas. The solution suggests that coparceners can reach a mutually agreed partition or family settlement. This agreement, once registered, will resolve issues regarding compensation for the owner of the smaller ground floor. The Karta of the HUF should facilitate an amicable discussion within the family to sort out these matters.

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     17 June 2024

If this property is coming under HUF property, then the coparceners can enter into a mutually agreed partition or a family settlement agreement as per the agreed terms among themselves and get the deed registered.

The mutually agreed terms for division among themselves will solve all the issues that you have raised here. 

Dr. J C Vashista (Advocate )     18 June 2024

HUF property is managed by Karta of the family, discuss and sort out amicably withing family.


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