Agreement to build or registry. which comes first?


Hi All, Really appreciate your help on this.

- A family property which got transferred to the mother by execution of a relinquishment deed by 2 brothers and 1 sister after the father's death. 

- Now family want to demolish the 3 story house and construct a new 4 story house with 3 floors for brother 1 and 1 floor for brother 2. Sister will not get a share and she is OK with it.

- Since brother 1 is getting one floor extra, then he would pay X amount to brother 2 or mother (whichever is better) to buy that 1 extra floor and also bear the construction expenses for the full property

-  Brother 1 is insisting that first registry of 3 floors is to be done in his name and transfer rights to his name for 3 floors and then he would enter into an agreement to demolish all 3 and then start construction

- Family wants to get into an agreement for construction, then demolish and construct the house and registry will happen once the possession is given to brother 2 for 1 floor. 

 

Questions

1. Since the current floors will be demolished, then shouldn't the agreement to construction and partition post construction will be done first and the registry to be done post the construction get's completed?

2. What if we register the floors in brother 1's name now and then he refuses to construct a property since he's got his share in the property registered in his name already

3. What is the best possible way to approach this scenario?

 
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Advocate

Presently mother is the sole owner of the property and so enter into an MoU by all the future stake holders in the property for dedevelopment of the same clearly mentioning the allocations of the floors once the construction is over is one of the best and possible methods to be made in this situation.

Thanking you,      

 
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Thanks. This is the understanding but the question is whether registry has to be done before or after the construction?
 
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