Gifted portion of the house

You have not posted descripttion of gifted portion and also not mentioned whether gift deed is registered or not ,without above not possible to give opinion.

Contact a local advocate and if you are a senior citizen explore for cancellation of gift deed by issuing such legal notice.

It is very strange that a brother who took the property from you by way of Gift is objecting you for your constructing on the terrace.

It depends upon what exactly you have mentioned in your Gift Deed favouring your Brother. Have you mentioned the terrace rights also to your brother in the Gift Deed?  If you have not mentioned specifically about the terrace rights to your brother, you may win the litigation. Even after winning the litigation, it would be difficult to live in such circumstances.

In gift deed have you made any clause to use the upstairs or any reservation about the future costructions above it.

The facts posted are less than convincing and suggests deeper issues. Please post the complete facts.

Repeated query.

It is better to consult a local prudent lawyer with relevant records for analyses of facts, professional advise and necessary proceeding.

Originally posted by : Ankampeta
	I have gifted part of my home to my brother. Although the home has single floor (one level on the ground), it was a planned constructed home to build 3-4 floors on top of it originally. Since I only gifted part of the ground (level 1) floor of the home, I would like to construct another floor on top of the ground floor. However, my brother is objecting it saying I do not have any rights on top of his portion of the gifted home. I greatly appreciate your response who has the right on top of the gifted home. Thank you.

Hello,

First things first, go through your gift deed. Did your brother have knowledge that you are going to construct the additional floors? If yes, Was it given in writing in the deed? Has your brother signed that deed? If yes, then you can certainly construct the floors.

If there is nothing of this sort, then you might be in a tricky situation. You might have to find loopholes. Have you given the rights of the terrace to your brother as well? If not, then you can do this.

Although, there is no point fighting for such a thing. It is better that you take help of an advocate or lawyer so that you can get things done. There is also a chance that you can cancel the gift deed.

Hope this helps.

Regards,

Ish*ta Desai

Law Student

 Hi Ish*ta,
Thank you so much for your response on my query.
I would like to bring to your attention few more details regarding the dispute I have with my brother on terrace rights.
1.    Since the property is located in a small town (Revenue Mandal), when I gifted the portion of my home, the registration people informed me that they cannot include terrace rights for me but suggested to have a separate agreement. So I have signed agreement with my brother on terrace rights on the signed 100 rupee stamp document. However, this agreement was not registered at that time for some reason.  So I am not sure the legal value what this agreement has but in the registered deed, there is no mention of the terrace rights to my brother. The deed mentioned only measurements of the portion of the home with borders. I request you to provide me your email contact details so that  I can send you both documents for your review.

Thank you
Ankampeta

Originally posted by : Ankampeta
	Hi Ish*ta, Thank you so much for your response on my query. I would like to bring to your attention few more details regarding the dispute I have with my brother on terrace rights. 1.    Since the property is located in a small town (Revenue Mandal), when I gifted the portion of my home, the registration people informed me that they cannot include terrace rights for me but suggested to have a separate agreement. So I have signed agreement with my brother on terrace rights on the signed 100 rupee stamp document. However, this agreement was not registered at that time for some reason.  So I am not sure the legal value what this agreement has but in the registered deed, there is no mention of the terrace rights to my brother. The deed mentioned only measurements of the portion of the home with borders. I request you to provide me your email contact details so that  I can send you both documents for your review. Thank you Ankampeta

Hello, 

Sir it is advised that you take help from a professional. Hiring a professional lawyer for this will be easier. The lawyer will be able to cater to the grey areas in a far better way.

Regards

Dear Lawyer SIVARAMAPRASAD Garu

Thank you again for taking time and providing prompt response.

In response to your question, in the registered deed of the gift, the document writer just mentioned the measurements of the portion of the property. In specific, no terrace rights given to my younger brother have mentioned in the deed.

In fact, I requested the document writer to include my brother has no terrace rights  but at that time they advised me that it cannot be written in the deed but have it in on separate agreement, Thus, an agreement is written on 100 rupee stamp but not registered due to the lack of knowledge at that time.

I would like to send these document to you. Would you please provide me your contact email details so that I can send the registered deed for your review? However, please note that it has been written in Telugu language and I hope you can read the Telugu.

I appreciate greatly your help and looking for your kind response.

Best Regards

Kesava Reddy

Dear Reddy Garu,

You may show the documents to your local Lawyer and ensure that proper legal action is taken against your Brother so that he shall not create trouble for your construction first floor, which as per the facts mentioned by you, for which you hold the rights.  

Dear Lawyer SIVARAMAPRASAD Garu

Thank you again for taking time and providing prompt response.

In response to your question, in the registered deed of the gift, the document writer just mentioned the measurements of the portion of the property. In specific, no terrace rights given to my younger brother have mentioned in the deed.

In fact, I requested the document writer to include my brother has no terrace rights  but at that time they advised me that it cannot be written in the deed but have it in on separate agreement, Thus, an agreement is written on 100 rupee stamp but not registered due to the lack of knowledge at that time.

I would like to send these document to you. Would you please provide me your contact email details so that I can send the registered deed for your review? However, please note that it has been written in Telugu language and I hope you can read the Telugu.

I appreciate greatly your help and looking for your kind response.

Best Regards

Kesava Reddy