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UDoubt about partition suit
Hello actually ive 4 sisters and one brother and we own a 4000 sq ft plot which measures frontage of 33 ft and the length is 118 sq ft. We wanted to build a house in the plot but we doubt one sister may put objection for the construction. All my 3 sisters have agreed to relinquish their share so that me and my brother can construct a house but the other sister may not relinquish. So we thought of doing a partion suit and provide her share to her. But there’s a doubt that will the partition on the land will happen on the sequence of age of the siblings because the sister which may object is the middle sister ( 3rd sibling) . And she may put objection before constructing the house or can cunningly put objection after constructing the house which will be devastating for us.
Our idea is that we will keep 5 parts of siblings in one side and we will give the other sibling her share on the corner side.is this possible.
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QNAL..
OP have a discussion with your sister. Since your property is a plot, dividing it for one sibling is not an ideal way to dispense the share of the land.
One suggestion is that you construct a multi storey house and give an entire floor to your sister/s. Have separate entrances on all floors. This way all siblings have a full share of the floor space of the land.
Hope this helps.
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SWhat if she doesn’t want any construction on her side? It would be better to leave her portion instead of including her…
+There’s no need for that disclaimer! Ain’t no one going to sue you for your legal reddit advice
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QSure OP can do that. But consider this, OPs land is a rectangular plot of roughly 30ft by 120ft. There are 6 siblings including OP. The sisters share comes to 1/6th of the property. Imagine dividing this plot for 1/6th of the land, which she won’t be able to sell or do anything with. Hence the suggestion.
And it’s ok to have a disclaimer. There are too many plebs here seeking free advice, it’s better to safeguard yourself.
Please note: Disclaimer from my last comment also applies here, as well as any further/future comments that may be made by me on this post.
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SNegotiate with your sister. If she disagrees and wants the same side as yours then you all can divide that entrance as 5/6-1/6. Irrespective of the side, she is only entitled to 1/5th and since all your other siblings are with you, there might not be a lot of difficulties. Get partition orders from court just in case she opposes the construction in future and leave her 1/6 side
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