Upgrad LLM

division of flat


There is a plot of 400 sq yards in the name of my mother in law, who has 3 married daughters. My mother in law died in Sep 2011 and now the plot is going to be transferred in the names of the 3 daughters, the middle one happens to be my wife.

On the plot stands a building of 1950 sq ft carpet area which has been divided between the 3 sisters as follows:

(i)                  Youngest sister gets 750 sq ft since the mother was staying with her

(ii)                My wife who is the middle sister gets 650 sq ft. Out of this I had spent Rs 1,8 lakhs and constructed 450 sq ft in 1985

(iii)               The eldest sister gets 550 sq ft.

The youngest and the eldest sister got the entire area readymade whereas I had to construct my 450 sq ft.


My query is can the 450 sq ft I constructed be registered in my name and the remaining 200 sq ft in my wife’s name.

The plot gets registered in the names of the 3 sisters and the other 2 sisters have their areas registered in their respective names.

Please enlighten me


its better if you could register the area in your wife name as it does not create any difficulty for you sine yuou and your wife would be using it.


since you are not the legal heir in the property, you may face some legal problem in the future if any sister files a complaint against you.


Latter on you may execute a registered gift deed whereby your wife gifts you the 450 sq. ft. area and thus no one can take any objection in it.



Advocate Rohit Dalmia






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