Two brothers in India inherited land 30 years ago. Now, they’re dividing it, but the property records show an uneven split – one brother owns three-fourths while the other owns one-fourth. The brother with the smaller share wants to buy land to equalize their holdings, but the other brother refuses to contribute to the cost. Is this legal, and how should the expenses be divided? Furthermore, since the brother with the smaller share has always been the one investing in equalizing the property, is there any way to adjust the future sharing of expenses, and if so, how?
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Under Indian law, the expenses for equalizing the land should be borne proportionally to the shares each brother holds. The brother with the larger share should contribute three-fourths of the cost while the other brother contributes one-fourth. There is no legal basis to adjust future expenses based on past investments, as the current shares define the ownership and responsibility.
- Apni Law answered 2 years ago
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