Pramod Uchitkar (TC) 22 December 2011

Construction on present house

Hi Guys,

I have a query, my home is on my mothers name and we have three brothers, I want to do some construction on 1st floor for myself, currently having ground floor constructed and we all three brothers leaving separately in same house. My mother is not agree to provide gift deed for 1st floor, but both the brother not have any problem for construction on 1st floor.

But I can not get housing finance in this case, and If I did construction from my pocket money. Is there any claim occur of my two brothers at the time of partition deed after death of my mother, on constructed part of myself on 1st floor OR my claim will reduce from from ground floor. OR the hole property including ground and 1st floor will calculate for partition deed, will I get benefit of my construction at that time.

Kindly suggest me.. Can proceed for construction with my pocket money..

please mail me on pramod_uchitkar@yahoo.com

Regards.

Pramod Uchitkar

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4 Replies

adv. rajeev ( rajoo ) (practicing advocate) 22 December 2011

After the death of the mother naturally all the legal heirs will be entittle for the equal share in the mother's property. If you dont want any problem your mother has to execute the rights relinquish deed in your favour

A. A. JOSE (LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER) 24 December 2011

It is advisable that you go for the partition of the property before investing your money on constructing the first floor, so as to avoid future issues.

Pramod Uchitkar (TC) 24 December 2011

Thank you very much..

Regards..

Pramod

Pramod Uchitkar (TC) 24 December 2011

Thanks for your advice.

But, mother is not agree for any partition deed or gift deed until she is alive. Can I claim my share right now on my house or ask for money of my share.

please confirm.

Thanks..

Pramod Uchitkar