• Ancestral property co-owned by brothers

Hi! The ancestral property in mother's name is now co-owned by me n my brother. We would like to demolish the existing house and build 3 stories - 1 for my brother and 2 for myself. How can we ensure that this can be done? Also we plan to take a loan for this - please advise.
Asked 2 years ago in Property Law from Trivandrum, Kerala
Whether your mother is alive?  If she is dead, is there a WILL? What about your father- is he alive or dead? Are there any other siblings to you apart from this brother?. If we can get answers to the above questions then it would be correct to give advice. Assuming you & your brother are the owners of the property, there would be no opposition from anybody in demolishing your house and rebuild the same by taking loan.  Regarding sharing of 1 floor to your brother and retaining 2 floors to you can be done by mutual consensus. Please contact the municipal house to take permission to demolish the house and to take approval of the NEW BUILDING PLAN.
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
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1. You can do so by way of executing an amicable deed of partition.
2. ll of you can apply for loan joining as co-applicant.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
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1) if your father is alive on your mother death you have only 1/3rd share in said property . 

2) how was property transferred in your name and that of your brother ? 

3) whether you dad executed relinquishment deed ? or gift deed? 

4) was it registered?   please clarify
Ajay Sethi
Advocate, Mumbai
23392 Answers
1229 Consultations
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1. If your mother has died intestate your father being predeceased and if there is no other legal heir of the property excepting you two brothers, then collect the legal heir certificate and enter your name in all revenue records,

2. After that, you can make a settlement deed and construct the 3 storied house the way you want.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
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If your father is alive, the property would be divided amongst your father, you & your brother.  May be your father would have gifted the property to his sons or he might have relinquished his rights by way of relinquishment deed.  Between you brothers can make a family settlement deed and construct 3 storied house and divide amicably.between yourselves.
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
5.0 on 5.0
Since your father is alive he, you and your brother have an equal share in the ancestral property of your mother. If all of you are into a positive agreement to demolish the property and raise a new construction thereon then all of you can make a deed of partition and then deal with your individual shares in the manner you desire.
Ashish Davessar
Advocate, Jaipur
18264 Answers
450 Consultations
5.0 on 5.0

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