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S N Roy (Administrative Officer)     26 June 2012

Right to property

My brother, stays in other state, allowed me to construct a house for me at my cost, in his plot of land  as I did not have fund to buy land. Condition was that ground floor shall be constructed by me at my expenses and first floor shall be constructed by him at a later date at his cost. I constructed the ground floor with plinth for double floor, at my expenses and staying there with my family and mother since 2004. Now my brother asking me to construct the first floor at my cost and shift there and he shall occupy the ground floor. I invested money in ground floor construction on good faith as my brother consented to the same. I need advice if there is any provision in law wherein I can get right to the ground floor only although the land is in the name of my brother.



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 1 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     26 June 2012

Dear Mr.Roy, 

 

The superstructure normally goes with the land, and is considered to be the property of the land owner itself, hence in absence of any specific agreement between you - he can legally insist in you moving to the first floor etc. 

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