Legal Question in Real Estate Law in India

Sir

We are five brothers holding a piece of land. One of the brothers had planted some teak trees on this piece of land before 75 years. And now we intend to sell these trees. Sons of a brother who planted these trees claim that the amount so received from the sale of these teak trees, is only theirs i.e. of sons of a brother who planted the teak treas. Whereas the other 4 four brothers say that it should be distributed equally among the all five brothers. Pl advise on this�the amount received from sale of the teak trees should go to a brother who planted these trees or should be distributed among all five brothers.

Madhusudan


Asked on 5/21/14, 10:59 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

23.05.2014

Dear Madhusudan,

Since the land on which the teak trees were planted belongs to all the five brothers, the sale proceeds of the teak trees have to be shared equally. At most the son of the brother who planted the trees can be given 15% more than the others so as to compensate his for having planted the trees.

Regards,

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Answered on 5/23/14, 6:21 am


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