Get plans sanctioned by muncipal corporation before carrion any construction 

in such a case brother cannot allege it is illegal construction 

Your mother can revoke the transfer deed under senior Citizen act and also complain against domestic violence act for harassment 

Your mother can file a DV case agaisnt him seeking protection and also compensation for his violent activities against him

you both can file a suit for permanent injunction agaisnt him to restrain him from interfering in yor possession and enjoyment of the proeprty in yor possession.

First of all, you should know that you have the right to construct a flat on your own floor, as long as you have the necessary permissions and approvals from the authorities. You should also have a clear title deed and mutation certificate for your property, which shows that you are the owner of the floor. If your brother is trying to stop you from constructing your flat or threatening you with legal action, he is violating your rights and committing an offence.

Secondly, you should also know that your brother’s torture and harassment of your mother is a form of domestic violence, which is punishable under the law. The Protection of Women from Domestic Violence Act, 2005 defines domestic violence as any act or omission that causes physical, mental, emotional, sexual or economic harm to a woman by her husband or any relative of her husband. The act also provides various remedies and reliefs for the aggrieved woman, such as protection orders, residence orders, monetary relief, custody orders and compensation orders.

Thirdly, you should take some steps to protect yourself and your mother from your brother’s violence and harassment. You can do the following:

• File a complaint with the police against your brother for his illegal interference in your construction work and his threats of legal action. You can also file a complaint under section 498A of the Indian Penal Code, which deals with cruelty by husband or relatives of husband.
• File an application with the magistrate under the Protection of Women from Domestic Violence Act, 2005 for obtaining any of the reliefs mentioned above. You can also seek the assistance of a protection officer or a service provider appointed under the act to help you with the process.
• Consult a lawyer who specializes in property law and domestic violence law and seek his/her advice on how to deal with your brother’s claims and actions.
• Seek emotional support from your friends, relatives or a counsellor. You can also contact some of the women’s support organisations in West Bengal for counselling, legal support and other services.

- As per Supreme Court, parent an take back gifted property from son due to his mistreat. 

- If the said property is in the name of your mother and a self acquired property , then even your mother can take back the said given portion from him legally due to his mistreat. 

- Further, during the life time of mother , even he cannot file any case for partition before the court , and your mother has every right to transfer the property to anyone as per her own wish. 

- Further , if  the consent of your mother with you for the said construction , then your brother has not right to interrupt into the same. 

- Further, if he is creating trouble for you, then you can file an Injunction suit before the court fro restraining him from disturbing in the construction work . 

You can contact me , if more suggestion needed. 

Dear Client
1. Gather evidence: Document any instances of harassment or obstruction by your brother. Keep records of any communication, such as letters or messages, that demonstrate his actions.

2. Mediation or negotiation: Consider engaging in mediation or negotiation to resolve the dispute amicably. This could involve a neutral third party facilitating discussions between you and your brother to find a mutually agreeable solution.

3. File a police complaint: If the harassment escalates or becomes threatening, you may consider filing a police complaint. Provide them with all relevant evidence and details of the harassment.

4. Obtain a restraining order: If you feel unsafe or threatened, you could explore the possibility of obtaining a restraining order against your brother. This would legally prohibit him from approaching or contacting you and your mother.

5. Seek a court injunction: If your brother continues to obstruct your construction work or harass you, you may consider seeking a court injunction to prevent him from interfering with your property rights.

File a civil suit to restrain your brother from interfering , you can also send a legal notice first 

Your mouther file DV case against him and obtain injunction against him from court to not to contact her in any manner. This way you will also be at safe side. 

Before raising construction you should get plan sanctioned from authority and can also take other related permissions. You can also complaint to police and can also file case claiming easementary right to your property. Your mother can also cancel and can reclaim her property etc.