Upgrad LLM

gifted portion of the house


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.
 
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You have not posted descripttion of gifted portion and also not mentioned whether gift deed is registered or not ,without above not possible to give opinion.

 
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Retired employee.

Contact a local advocate and if you are a senior citizen explore for cancellation of gift deed by issuing such legal notice.

 
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Retired Manager

It is very strange that a brother who took the property from you by way of Gift is objecting you for your constructing on the terrace.

It depends upon what exactly you have mentioned in your Gift Deed favouring your Brother. Have you mentioned the terrace rights also to your brother in the Gift Deed?  If you have not mentioned specifically about the terrace rights to your brother, you may win the litigation. Even after winning the litigation, it would be difficult to live in such circumstances.

 
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Advocate

In gift deed have you made any clause to use the upstairs or any reservation about the future costructions above it.

 
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Advocate

The facts posted are less than convincing and suggests deeper issues. Please post the complete facts.

 
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Advocate and Legal Consultant

Repeated query.

It is better to consult a local prudent lawyer with relevant records for analyses of facts, professional advise and necessary proceeding.

 
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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.

Hello,

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.

Regards,

Ish*ta Desai

Law Student

 
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 Hi Ish*ta,
Thank you so much for your response on my query.
I would like to bring to your attention few more details regarding the dispute I have with my brother on terrace rights.
1.    Since the property is located in a small town (Revenue Mandal), when I gifted the portion of my home, the registration people informed me that they cannot include terrace rights for me but suggested to have a separate agreement. So I have signed agreement with my brother on terrace rights on the signed 100 rupee stamp document. However, this agreement was not registered at that time for some reason.  So I am not sure the legal value what this agreement has but in the registered deed, there is no mention of the terrace rights to my brother. The deed mentioned only measurements of the portion of the home with borders. I request you to provide me your email contact details so that  I can send you both documents for your review.

Thank you
Ankampeta

  

 

 
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