• Ownership in more than two flats

We have got a parental house , jointly owned by me, my mother and my elder brother . We have recently decided to give this house to a promoter in order to convert it a multi storied flat . Now logically we should get three flats from the promoter . 
Now my mother wants that let it be negotiated for 2 x flats in order to get a better carpet area , and each flat to have her name included . For example , if we want my flat to be registered in me and my wives name , the 3rd name will be my mothers name . A similar method will be followed in case of the second flat .

Now my question is : 
1) Is this possible to be done ? If yes , what can be the implication for my mother ? Is there likely to be any tax or legal implication on my mother ? 
2) Is there any tax or legal implication on me or my elder brother ?
3) Can my elder brother in absence of my mother (after her death ) can claim any portion of my flat ?
Asked 7 years ago in Property Law
Religion: Hindu

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4 Answers

1) you , your mother and sibling have one third share in the house

2) on redevelopment it is advisable to negotiate with builder to get 3 separate flats rather than 2

3) if your mother name is included in your flat on mother demise intestate ie without a will your brother can claim share in your flat as he would be one of legal heirs of your mother

4) it is possible for mother name to be included in both the flats

5) mother can execute will bequeathing her share in 2 flats purchased in joint names to you and your brother respectively

Ajay Sethi
Advocate, Mumbai
95223 Answers
7612 Consultations

5.0 on 5.0

1. Your mother seems to have unnecessarily complicated the fair distribution of flats among yourselves.

2. Do not go for this method.SImply registered the flats of your share in your respective individual names.

3.If flats are registered in your respective names then no one can claim each other's flats.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

according to faqir chand gulati case if land owner gives land for construction of flats and owner has no control over that construction then owner shall be treated as consumer and no tax will be levied. if there is joint venture between owner and builder then tax will be applicable on sharing of profit.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

in your case no tax will be applicable. your mother will have absolute ownership and after her death flat shall come under joint possession of both sons. he has no right on the flat which is registered under your name.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

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