Anonymus (Student) 30 July 2024

Please give suggestion on buying a shared property

we have one independant house in our colony which is of G+1 , but here both flats are sold separately and registered separately ,total land is of 160 sq yards , where in both upper and lower flat owners can together construct one more floor or extend one more room ,(eg: at all both the owners are relatives etc ) where in 160 sq yards , both the owners will have equal share that is 80 sq yards each . In our colony permission is upto 3 floors and a penthouse .

And my doubt is , my father bought the lower partition five years back and it is registered on his name , Upper portion is owned by some other person , now he kept the upper portion for sale . My family is planning to buy the upper portion so that our family cam alone own whole 160 sq yards completely . My family is insisting me to buy the upper portion on my name with my savings money , and get it registered on my name.I am a youngest daughter to my parents, and i have two elder brothers.

As of now , plan is to buy the upper portion and get registered on my name .

Latter plan of my family is to a whole new construct 3 floor building by taking loan , loan might be taken on my father's business or my brother's name , it is not confirmed yet .

My family says that , upper portion shall be registered on my name , just to avoid the ambiguity , we shall have an agreement of promissory/notary that a whole floor will be given to me after the new construction is made (i.e that portion i can either occupy or give it to tenants ), my father wants to convey this to y inlaws that i own the upper portion and i shall be alloted a floor after construction.

I did gave advance when the plan was only to buy the upper portion, due date is reaching t give over the remaining amount , But doubt arised when family is making plan to construct whole new building .if loan is taken on my brother's name for construction . what claims can he make ?

property shall be on my name itself and the other half is on my father's name, but what if tommorow my brother refuses to stand on the words of agreement to allot one floor to me ?

Can this buying brings lot more issues to me with my siblings( 2elder brothers) later on ? what steps can be taken to avoid or what agreement can i have ? so that there will be no issues that could arise later on ?

As i am unaware of terms and property agreements which can be made to avoid issues. Please suggest.

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T. Kalaiselvan, Advocate (Advocate) 31 July 2024

The question is about the additional floor to be constructed and not about the floor you plan to purchase now.

Actually, the land underneath shall be equally shared by both the owners, i.e., the ground floor and first floor owner equally.

Therefore a new person constructing a house above the first floor cannot claim a share in the ground beneath. In the given situation the floor above the first floor i.e., the terrace rights are jointly owned by both the first and ground floor owners.

IN THAT SITUATION, BOTH THE OWNERS HAVE TO CONTRIBUTE FOR CONSTRUCTION AND DIVIDE THE ADDITIONAL FLOOR BETWEEN THEMSELVES AS PER THEIR MUTUALLY AGREED CONDITIONS AND CAN GET THIS AGREEMENT REGISTERED TO AVOID ANY DISPUTE IN FUTURE.

Your concern about your male siblings may dispute or even deny your rights in the later stage in the event they construct the additional floor on their money or your father's money, hence you may first enter into an agreement in this regard and get it registered to protect your interests in the property.

Anonymus (Student) 31 July 2024

Sir , Whatever you said is 100% correct regarding share of land beneath the construction.

But , i would like to mention that , in the 160 sq yards , at present only 1 bhk is there in both below and upper portions , also these are old kind of construction, with lesser amenities , The value is only for the land , also it is in society and very near to the main road .

So family plan is to , just demolish whole old construction and construct a Whole new one .

As my family promised to have a agreement to allot a floor for me.

As you said i shall have an agreement to avoid disputes later on , pls do mention what sort of agreement i shall have ?

or else would you suggest me to give equal share of amount for construction of new construction ? is it a good idea ?

If not , if my famiy constructs whole new building with my father/brother's money(i e loan) , will i not have right to claim for the portion as they promised in agreement ?

(note: we live near by parents house , we had plan to buy a land or a flat, rather to buy somewhere, and as my father owns lower portion, i have took a step forward to buy the upper portion . )

Sir kindly pls let me know , if one person owns the land i.e registered on his / her name i.e my father / myself and , if my brother constructs in it with his money(loan), what rights will he have ?

T. Kalaiselvan, Advocate (Advocate) 31 July 2024

You are asking too many questions instead of arriving at decision or understanding the situation and take a wise decision.

If you are not able to take a concrete decision then you should consult an experienced lawyer in person with all relevant papers or at least a phone consultation with the details so that you will be guided with appropriate steps to be taken in this regard at right time.

As you own the upper floor, you are also entitled to a share in the land underneath the building hence you have equal share in the land at par with the owner of the ground floor