Partition
We are three brothers , our father is deceased now and left behind a plot of land , the plot has now been mutated in our names, i.e. the plot is jointly owned by we all three. The said land is situated in a semi commercial area which fast becoming commercial.
Now the plot has a limited frontage abutting a road, division perpendicular to road is impossible as there will be three strips of 19’ and its usage for construction of building which would provide a decent house is not possible , so has to be now divided into three strips parallel to the road , but the portion nearer the road will be naturally costlier. Is it a fit case of partition by values? For the manner of distribution we have a well established custom conferring easternmost part to the eldest , this part of plot contains a pond more than 70 years old and the surrounded by marshy land so is much inferior to rest which is well developed. I am planning planning to apply method belting to arrive at the rate per unit area for each belt and propose for partitioning the land By equal value , if it is done by area there will a great injustice done to the one one gets the part at the rare that is me. Objection is apprehended from one the brothers, Can I go for belting method and is it possible to make adjustment for the low grade quality of the land ( pond and marshy land) by further considering a diminutive value @ 70% of what it should other wise be ? Any relevant section in the transfer of property Act? For that certification by a chartered engineer sufficient? Further actual market value of plots are not required as there will be no selling or buying any part of it , relative rates considered in the belting method would suffice .
Look forward to a kind advice