If you feel the matter can be resolved mutually then everything is possible

Else if your father gave him the money and your father stands with any receipt or payment or any kind of evidence that you funded another person then

You can file a Suit for recovery of money

However it is very much possible that every floor can be sold

It is also possible that land is transferred in your father's name and building in someone else.

If son in law agrees to any of the thing get it registered else file a Suit for recovery (limitation period is of 3years )

Son in law can execute gift deed for 50 per cent share in plot and house

2) gift deed should be stamped and registered

3) then further construction can be carried on the plot

The the plot is registered in joint name your father can transfer his share to the brother. If the plot is entirely in the name of son in law then the share has to be transferred through son in law. It's the entire house which is registered not floor wise. Once plot is registered you people can have internal arrangements of transfer between you people

Dear Sir

Please build the house Ground + First. Take First floor for you. The same may be registered under law.

or

Compensate for the half site may be taken with market value.

For further opinion and more clarity the documents needs to be verified. Feel free to reach us over phone.

It should be decided by any way you suggest to settle the matter out of court to avoid any court case and create the dispute.

The property will be shared by both the title holder and construction may be done as per the agreement on the built-up floors and tarres rights.

Dear Friend,

Your questions are answered as below:

1. Whether the half of the plot can be registered in the name of my brother even after the house is built and

Ans: It cannot be but you can claim market value of half of the plot. It is not clear whether father-in-law is having sharing documents or whether site property was purchased in the joint names.

1.A. He can built the house on first floor or

Ans: It can be done provided the issue of sharing 50% is resolved amicably or through Court.

1.B. Take the share of half house and extend the house up to first floor for both of them .

Ans: It all depends upon mutual agreement.

2. Can be registered first floor in the name of brother & can built the house.

Ans: It all depends upon mutual agreement between father-in-law and son-in-law.

1) Till your father is alive please take property registered on your brothers name first.

2) If money for purchase of land is give by father and house is built by son in law than

"1.B. Take the share of half house and extend the house up to first floor for both of them ." or he can registered his name on property ad 50% share owner and can built on first floor by his money and than registered first floor on his name.

Dear Client,

Since, the property is bought in the name of BIL, he is actual owner, Now only by decree of court,1/2 share will transfer to your father`s name or by rectification in sale deed that half money paid by ur father and the house is bought under joint ownership.

Otherwise, GIFT DEED, stamp duty payable.

Without registered deed, transfer of title in property do not effected.

Sir,

Your father has given the money to buy the plot to his son in law. Plot registry in the name of son in law. They have mutual understanding that your son in law will be having half share in the plot and remaining half plot will be in the name of your father. In that case, the registry should be in the name of your father and his son in law jointly. However, since you have cordial relation with your brother in law and you want to get half share of your father to be given to your brother, ask your brother in law to relinquish half undivided share in the plot in favour of your brother with all rights appurtenant thereto. For registration of relinquishment deed, nominal registration charges will be borne by you.

On getting the relinquishment deed registered in favor of your brother, he will be the joint owner of the plot. Since the entire ground floor of the plot has been constructed by your brother in law, your brother can construct the first floor and on getting constructed the first floor, partition the property by virtue of partition deed. The contents of partition deed should be:-

Your brother in law will be the owner of entire ground floor with 50% share in the land with all rights appurtenant thereto and 50% rights in the terrace of first floor

&

Your brother will be the owner of entire first floor with 50% share in the land with all right appurtenant thereto and 50% rights in the terrace of first floor

and the partition deed can be got executed and registered accordingly.

In partition deed it should be mentioned clearly as to who will keep the original sale deed (and as and when required shall be produced by him).

Your brother will be having a copy of sale deed, relinquishment deed & partition deed (if possible two original partition deed should be made for both on paying proper stamp duty)

1. The plot is registered on the name of his son in law hence he shall be the absolute owner, at least legally.

If he is agreeing for a share in the property then he may have to execute a registered gift deed in your father's favor, this gift deed may contain that he gifts away 50% share in the plot area and the roof rights, i.e., permitting your father to raise first floor above the existing structure.

2. The above arrangement will make your father a joint owner of the building as well as the plot.

since your father has paid for the plot in half so he becomes the owner of the property in 50% but you have to prove it with all the relevant proof that you father paid for the 50 % ownership. and then only you can claim on it and file a partition suit