Since this property is in your mother's name though you and your brother constructed structures over it on your own expenses, it shall be considered as your mother's property only.

For an indisputable settlement, your mother can transfer the property to both of you by executing a registered family settlement deed in your favor on the basis of the each floors occupies each other keeping the roof rights and other area outside the structure as common with equal rights for both.

She can also mention that since her daughters has been gifted with properties and movables they do not have any rights in this property now being transferred to your names by registered settlement deed.

It makes more sense to divide the land together with the super structure built upon it.

During the lifetime of your mother, she will continue to be the absolute owner of this property.However, by means of a will she can bequeath to both of you, separate portions in this property in consonance with the fund constructed by you two in development of this property. Or after adjusting the difference in construction costs borne by the two brothers, you mother can bequeath equal shares in this property to you both.

1) The plot was owned purchased by on mother's name or it has been inherited plot after her husband's death means of you father.

2) If the plot is not inherited and purchased directly on your mother name, than take concern or wish of your mother and distribute the property like that, how she wish to distribute it and tell her that you have spent around 16 lacs rupees to built this house, so you should get extra benefits.

3) If the plot is inherited after your father's death on her name than all other siblings have equal share in the property as per hindu law, class I , legal heirship shares.

4) check and compare my answers with your questions and than take decision.

Your mother can execute will in your favour bequeathing ground floor in house and 50 per cent share in land to you

2) she can bequeath first floor to second son and 50 per cent share in land tohim

3) reasonsshould be mentioned why no bequest is made in favour of daughters

4) will takes effect only on death of testator. As such her interest are protected during her lifetime

Division can be made floor wise.

You can ask your mother to make a will and make a division of the property on the basis of the floor and also make a mention in the will that since you have invested in constructing the said part therefore the said part is being given to you and likewise the other part is being given to the younger brother.

This is the best way in which the interest can be protected, make the other legal heirs a witness to this will.

Regards

As it is your mother's property, she has absolute rights as per S.14 of the Hindu Succession Act. The property can be bequeathed to you and your brother by virtue of a gift deed duly stamped and registered. In the gift deed, a clause should be stipulated that a structure exists along with the description in the said plot and the extent of contribution by sons and mother. Such clause will help resolve the dispute in future.

It is absolutely legal for her to have a separate share and which can be bequeathed through a Will in favour of the said property to 2 sons to take effect after her demise. Make sure that the Will contains the contents of the gift deed with respect to the plot, structure, description, contribution etc.,

Respected sir ...

First try to solve the matter ammiccably, if your brother does not listen to you then you can file a suit for partition and mense-profit involving all movable and immovable property of your father. You are entitled to get your share in the property.

Your partition will be done by court decree ..But in number of cases partition will be held through the help of brother hood...

Thank you

1. The land stands in the name of your mother for which all the constructions made thereupon by either you or your brother will be considered as her property legally.

2. She can make a settlement/gift deed amongst all her children she wants to, including her daughter, if she so desires.

3. If she dies intestate, all her children shall have equal share on her said property despite the fact that you have spent most of the amount for the constructing the house on her land.

4. In her above settlement/gift deed to be registered by her, she can retain her living right in to the said property till her demise.

5. Alternatively, she can execute a will distributing her said properties amongst her children the way she likes and in that case, the shares of her property will be bequeathed by her children only after her demise and not before that which will ensure that she will be taken care of all her children till her death.

Dear Client,

GIFT DEED is best option but will bear registration cost.

Ask ur mother to execute WILL, which will be defective after her death, and in it, relinquish share of sisters as already other property given to them, and so how much share/which portion u will acquire in the property.

Cost of construction possible by mutual agreement.

The Division Will be of two types i.e. between you family members which is agreed upon by all. Otherwise through judicial partition of property. You can file partition suit and divide the same. The expenditure by all will be considered while computation of individual share in property.