Legal documents and procedures for constructing a house in gifted site

KRISHNAMURTHY (Querist) 10 November 2011 This query is : Resolved
My father-in-law and my elder brother-in-law invested 70:30 and purchased a vacant site. The site was registered in my BIL name. He has constructed a house in that site for 1200 sq ft ground floor only. My FIL passed away recently and my younger BIl wants to gift the first vacant first floor to my mother-in-law. He along with others in our family wants to construct a house in first floor. What are the legal formalities to be done before investing money for construction? Is it possible to construct jointly in first floor? Can my elder BIL gift only first floor to his mother? Kindly give suggestion.

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ajay sethi (Expert) 10 November 2011
if plot stands in your elder brother in law how can your younger brother in law gift vacant first floor?

KRISHNAMURTHY (Querist) 10 November 2011
Elder son will gift first floor to his mother and other children will construct a house in that site.

KRISHNAMURTHY (Querist) 10 November 2011
Elder son will gift the vacant area to his mother and other children jointly construct a house in that area.

Piyush Vaishnava (Expert) 10 November 2011
i am agree to mr. sethi

Shonee Kapoor (Expert) 11 November 2011
Yes, Elder BIL can gift anything to his mother as the property is in his name.

However please check whether floor wise registry of plots is available in your area.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Shailesh Kr. Shah (Expert) 12 November 2011
First construct first floor with approval of concern authorities, thereafter make registered gift deed only first floor by BIL to his mother.

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