Legal Question in Intellectual Property in India

subject

I & my husband plan to build a housein first floor on a existing ground floor house. The Ground floor house is in the name of my mother in law.For the purpose of bank loan we want the first floor house to be in the name of my husband. What is the procedure and legalpoints to go ahead. Should my mother in law give a gift deed in my husbands name. My husband is the 2nd son and is there a need for his elder brother to give any documents also. As this is an ancestor property is not my husband legally eligible for the property? For building a first floor why is it need for my mother inlaw to give a gift deed and the register it in my husband name? Kindly do advice how to go about it?


Asked on 10/05/04, 1:14 am

2 Answers from Attorneys
Prabhat Shroff Shroff & Company

Re: subject

Your question is lacking in many vital information. First of all is under what school of Hindu Law was you governed? - Mitakshara or Dayabhaga.

In any event, generally speaking, your husband should take a gift deedin respect of the Roof Rights on the existing one storey building with all ownership rights of the roof including right to construct and alienate etc. Such gift deed should also be signed by the elder brother and any other brother, sisters or other heirs as Confirming Parties to the gift.The wording of the gift deed is very important.The gift deed should also be registered with the registrar of assurances.

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Answered on 10/05/04, 2:06 am
Vivek Anand M/S.VIVEK ASSOCIATES

Re: subject

It all depends on how your MIL has derived right, title and interest over the property, as the same is very pertinent to analyse as to whether your husband gets any right by succession as you have termed as your MIL derived thru ancestral means. If the property is self-acquired by your MIL, then she has an absolute right of disposition in whatever means she chooses, or if the right has accrued thru succession, then all the legal heirs would be entitled to a share in the property and your MIL can only execute a gift deed in respect of her share. So it all depends on the factum of derivation of title by your MIL.

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Answered on 10/05/04, 11:08 am


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