Upgrad LLM

need legal advise


 

 

Hi,
 
I need your valuable advise!!
 
We are four brothers and currently staying in same house (40 years old house) and it was transferred on to my elder brother's name before my parents died (long back) bcoz there was oral agreement that it will distributed equally in future but now he is not willing to divide that house or place .
He is planning to demolish the old house and construct a new house in which case we will not have any house to stay ...for that he agreed that we can construct our portion on first floor or second floor.
 
So i need an advise, can i invest my money for 1st floor constuction if yes please let me know what all procedures need to be followed becoz down the line i want to have full rights on that ( like if i want i should sell that flat / 1st floor portion ) to some one 
 
Regards,
Kumar
 
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Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)

The information is incomplete for a complete answer. A lot would depend on how your brother got the property. If he is the sole absolute owner of the premises by virtue of a gift/will etc. Then I am afraid you or any other siblings for that matter don't have a sustainable right on the same, as you said the property is in his name

 
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Hi Bharat,

Thank you for responding to my query!!

yes, unfortunately he (my elder brother) is sole owner by the virtue of will (registered)....but now he is suggesting that he will construct for him on ground floor and asking me to constuct on first floor. He told us he will write that first floor and second floor on our name by which he is asking us to vacate the house so that he can start the construction

so in this case how should i proceed ...what sort of doc / deed / agreement need to be executed before the construction starts and how do i register the first floor on my name 

 

 

 

 
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Please someone advise me!!

 
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please some one help me in this

 
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ADVOCATE

Hello Mr. Kumar,     There are few things to be  investigated  due to   mis match &  incomplete details

1.  Who bequethed the  property  in question to your brother's name.  Pls  be specific,   because u r refering to  two different  WORDS -   WILL  &  GIFT.     Both  mean  different.      Your   parents  could not have made the will since u r claiming  the property is transferred long  before your parents  deceased.  ( WILL   will come to life only after the death of the  EXECUTOR (s).    Now  if  we  understand  that  if it is  Gifted  by your  parents  to your elder brother in that case,  How  can  there  be  a  registered  WILL.   ? ?    Pls be specific.

 

2.  Since your  brother is  interested in  constructing only  ground floor and  is interested  in  allowing  you brothers to construct  on the 1st and 2nd floor,  there  should not  be any  problem  as  per  your  rights in the property is concerned.    However it  is strictly  advised  not  to  move  out of the premises in haste.    Before  going out of  property  I  sincerely advise  on  getting the  INTENTION  of your  brother  on  RECORD  by way of  MOU /  JOINT DEVELOPMENT DEED and  REGISTERING  the same  immediately  to  safe  guard your  interest / rights in  property in question.    Pls  do not  adhere to any oral understanding  in this case at  all.     Get  a    DEED  professionally  drafted with help  of  LEGAL SPECIALIST  in this  matter.      In case if you r in Bangalore  I  can assist you  in the  above said matter.   If  you  need any further clarification  pls feel free to contact on sohan1912@rediffmail.com  or on 9845285555 in Bangalore.     With Warm  regards.   Mahadeva  Rao. G,  ADVOCATE.  BANGALORE.

 
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