Legal Question in Real Estate Law in India

Dear Sir,

My legal question is: We have a joint property of 3200 sq feet. It�s me and my brother that own the entire property. 1600 sq feet is mine and the other is his. We have decided to separately build our own houses without any joint structure. The entire (3200 sq feet) properties Khata is only on my name as I'm the elder son. The property is again registered on my name. I have signed a GPA and given it to him to register the other half, 1600 sq feet. The GPA is registered. Which he has not done yet and he is not in India. So, ideally, the khata is still on my name for the entire 3200 sq feet and registered on my name. Now, I want to proceed with the development of my side of property, that is only 1600 sq feet. I need to get the plan sanctioned and proceed. Is this possible or I have to register the property on his name for his part and have 2 khatas and only then can I get my plan sanctioned for 1600 sq feet. What are the legal issues I can face if I proceed this way, can he put a stay on my construction. Am I stuck till he gets the property registered and gets a different khata.

Please reply and help me understand this. Your efforts would be appreciated.

Thanks for your Help.


Asked on 11/11/10, 11:23 pm

1 Answer from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

it is better if the property is partitioned by metes and bounds and khata converted in the name of you both, then you start the construction to avoid legal consequences.

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Answered on 11/11/10, 11:45 pm


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