Partition – Determination of value of land allotted
We are two shareholders (two brothers) of about 20,000 sq feet of land in Jorhat, Assam. Our land slopes from one side to the other, but there are already houses built on this land (including double-storied ones) since longtime back. Since many years back into the past, the entire land has only one SINGLE Patta number, and one SINGLE Daag number. To me, this implies that the entire land is “assessed” by the Govt as a single revenue unit, of “uniform value” of the plot in entirety.
My dwellings happen to be on the relatively higher part of the land. But now, while attempting to partition the property, my brother insists that his part of the land (being relatively lower down the slope) has lesser value, and hence, he needs to be compensated by being allotted a bigger portion (in area) of the entire property, in 70:30 ratio in his favour. He disagrees with my argument that a Single Patta + Single Daag number implies a uniform value of all part of the property, and is adamant on having a larger share (of the property) as compensation.
Thoughts on this, Sirs?