|Originally posted by : Ankampeta
||I have gifted part of my home to my brother. Although the home has single floor (one level on the ground), it was a planned constructed home to build 3-4 floors on top of it originally. Since I only gifted part of the ground (level 1) floor of the home, I would like to construct another floor on top of the ground floor. However, my brother is objecting it saying I do not have any rights on top of his portion of the gifted home. I greatly appreciate your response who has the right on top of the gifted home. Thank you.
First things first, go through your gift deed. Did your brother have knowledge that you are going to construct the additional floors? If yes, Was it given in writing in the deed? Has your brother signed that deed? If yes, then you can certainly construct the floors.
If there is nothing of this sort, then you might be in a tricky situation. You might have to find loopholes. Have you given the rights of the terrace to your brother as well? If not, then you can do this.
Although, there is no point fighting for such a thing. It is better that you take help of an advocate or lawyer so that you can get things done. There is also a chance that you can cancel the gift deed.
Hope this helps.