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House construction on gifted property

Guest (Querist) 13 August 2013 This query is : Resolved 
Respected experts, I request you to go through following brief facts & kindly advice accordingly…
Person A had inherited residential land. He has 2 sons B & C & no daughter. Elder son B in govt job & stays in other city. Meanwhile, Younger son C starts a business; father finances it by mortgaging above mentioned land. Business runs in loss. Elder brother frees land by repaying loan to bank. In the year 2011, to avoid repetition he gets approx 70% of land registered & mutated in his own name by obtaining gift deed in favour of him from his father for this 70% land only. (Rest is still in father’s name).
Now the elder brother wants to construct a house in this property. Is it legally advisable, or does he need to take recourse to any preventive legal methods?As on today relation between brothers are cordial.
Kindly advice, which will be immensely valuable.
Thank You.
adv. rajeev ( rajoo ) (Expert) 14 August 2013
Father had no right to gift the entire property, because it is ancestral property, at the most he can transfer to the extent of his share only
Guest (Querist) 15 August 2013
Thanks Mr Rajeev. Father has gifted from his own share only. Moreover,as they are resident of West Bengal ,they are governed by dayabhaga school of law. So am I correct in saying that Under dayabhaga school of law, father has absolute right on property, whether the property is inherited or self acquired? Whats your opinion?
Devajyoti Barman (Expert) 16 August 2013
Yes, In WB and Assam there is no difference between self acquired or ancestral and the father has absolute right of transfer to any one he chooses irrespective of nature of property.
Guest (Querist) 16 August 2013
Thanks , Mr. Devajyoti.
Devajyoti Barman (Expert) 16 August 2013
you are welcome.


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