Legal Question in Real Estate Law in India
we are two brothers owning a joint house of one floor.now my brother is constructing 1st floor on whole roof and leaving his portion of ground floor to me.do I have to pay him for leaving his portion although he is constructing his set on my portion of roof as well.
2 Answers from Attorneys
It could be settled mutually, but it is advised that you may pay him a part of the construction costs and ensure that both of you have equal terrace rights. You may drop in a detailed query at [email protected]
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JSR/61113
You have not mentioned as to who is the recorded owner of the property. Or else, it is personal prerogative. Intent is also important. If you intend to give him permanently, then where is the question of payment. However, if you continue to be owner of the first floor as well then in that case, you pay for the construction as well. Main thing is the ownership and then intent.
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