yes it’s possible to do that from the said brothers
Can non land owners own flats built on it?
Here's my query to which I would appreciate a response from the esteemed lawyers here. This is a family of 3 brothers, 2 of whom have been asked to build a house on a piece of land that's been recently transferred by the father to the 3rd brother who is comparatively not that well off. However 2 contributing brothers hv committed to build house provided at least 1 floor each is legally owned by them. They want watertight legal ownership of 1 floor each in a 3/4 storey kothi kinda house they will construct. Is this possible for 1st and 2nd brothers to own house / part of a house / flat built on land legally given to belongs to the 3rd brother and not either of them? If not what should be done to safeguard their investment?
Asked 2 years ago in Property Law
Religion: Hindu
8 Answers
You need third brother consent to build one floor each for other sons as third son is owner of land
building plans would not be sanctioned without land owner consent
deed of family settlement can be entered into duly stamped and registered
You three brothers can enter into a collaboration agreement and lieu of contribution of two brothers two floor can be given and be registered to them.
Let the two contributing brothers enter into a registered Joint Development Agreement with the third brother, clearly mentioning transferring ownership of one floor each to the two contributing brothers after its completion , since the cost to construct and develop the property is going to be borne entirely by them using the land owned by the third brother.
For the intended development of vacant land into multi floor structures/flats, you and your siblings can enter into a joint development agreement to construct and divide the properties accordingly as per the mutually agreed terms and condition in respect of sharing the expenses/allotment of floors with rights over common areas etc.
The joint development agreement should be recorded in a registered document in order to make it legally enforceable.
Dear Client,
In order to construct additional floors for the other sons, it is essential to obtain the consent of the third brother, who is the rightful owner of the land. Without the approval of the landowner, the building plans cannot be sanctioned. To facilitate this arrangement, a formal deed of family settlement can be drawn up, ensuring that all parties involved agree to the terms and conditions. The deed should be appropriately stamped and registered to make it legally binding.
He have to execute gift deed in favor of 2 brother for valid ownership and title.
- If the third son is the legal owner of the property by way of gift deed or sale deed by the father , then other brothers having no right to do any construction without getting his consent .
- However, if the 3rd brother is agree for the same, then you all can enter into a registered settlement deed after mentioning details of construction and allotment of the flats .
