Help required on partition

Deepa,

Your mother is the absolute owner of the house, she has got full rights to transfer the entire property on your name by way of a registered release deed.  However, if your brother agrees and pays you atleast the loan amount and the interest that you have settled to redeem the mortgage loan, your mother may transfer his living portion on his name or else, ask your mother to execute a sale deed in your favor over the portion you have built the house taking into consideration the loan and the interest amount you had given for mortgage redemption as a sale consideration amount towards the vacant site of the property and ask her to execute the sale as vacant site only, because it was you who built the house out of your money over the vacant site.  While your mother is executing the half portion of property as a sale deed to you, ask her to retain the rest of the property on her name itself so that she has a right over it till her life time and subsequent to her departure, the retained property on your mother's name will automatically devolve upon both you and your brother as legal heirs/successors to your mother's intestate property.  Adv Kalaiselvan, +919443441062

Dear Sir, Thank you so much for the prompt reply. I would like to give some more clarification. Its not any vacant site. Its just a balcony like small portion which we have stretched it as a room. Originally the house had one hall, one bedroom and two balconies. Now the hall will be mine and one balcony was made as our bedroom. And the otherside, the balcony will be a hall together with the existing bedroom will be my brother's portion. We only built the two balconies and made it as rooms. Hope I clarified clearly. Now the original sale deed in my mother's name talks about only the constructed area. So if I go for sale deed on my favour how do i bring the old hall and the new bedroom in the document ? Or should I just go for a settlement deed of one portion ?

Sorry for too many questions.

Dear Sir, Thank you so much for the prompt reply. I would like to give some more clarification. Its not any vacant site. Its just a balcony like small portion which we have stretched it as a room. Originally the house had one hall, one bedroom and two balconies. Now the hall will be mine and one balcony was made as our bedroom. And the otherside, the balcony will be a hall together with the existing bedroom will be my brother's portion. We only built the two balconies and made it as rooms. Hope I clarified clearly. Now the original sale deed in my mother's name talks about only the constructed area. So if I go for sale deed on my favour how do i bring the old hall and the new bedroom in the document ? Or should I just go for a settlement deed of one portion ?

Sorry for too many questions.

Ms. Deepa,

While you are welcome to clarify all your doubts, I would advise you to not to get confused thinking about lot of things at one time, in fact  you have an answer in your question itself, i.e., last part of your query, you have asked that whether you can go for a portion as a settlement deed?, which is that one portion you are mentioning in the settlement deed?  My suggestion is that for the purpose of sale or settlement, you may divide the property into two, in which you can mention that the balcony portion as a vacant or open space, measure the plinth and subtract it from the original plinth area and then go for the execution of the same as sale or settlement.  The idea is divide them into two and get yours registered as a vacant or open space, show the construction over it accordingly to form it as a portion.