Legal Question in Real Estate Law in India

My father built a ground floor house ad-measuring 900 sft .Thereafter younger son B extended the first floor and built a house measuring 1200 sft with his own money. Though the house was still in fathers name.

Now Son A -elder son wants a settlement gift deed from the father for the second floor rights.

While the father gifted only 900 sft of first floor to son B can he gift only 900 sft of second floor to Son A and leave the extended portion ie 300 sft to son B who built it as son A does not want to compensate son B for the cost of increasing the area.


Asked on 2/22/14, 4:03 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

24.02.2014

Dear Sir / Madam,

Ideally, the ground floor would be in the name of the father and the first floor would be in the name of son B as owner. Your father is free to gift as much of the legally permissible remaining development rights to son A as is legally possible. It need not necessarily be 900 sq.ft. only.

Regards,

Read more
Answered on 2/24/14, 9:24 am


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