Advice Needed: Father's plot (30x40) to be shared with brother

[Veenay]

Hello,

I will provide some context on my family situation before going in detail so please bear with me.

My father bought a BDA plot (30x40) 20 years ago and fell sick immediately (mentally ill - don't want to go in detail).

I have an elder brother (32) who does nothing. He has only completed 8th standard and not been in an work for more than 7 years - he has done this before but I don't see him going to work anymore and is living off me and mom's income (don't want to go in detail).

Me and my Mom have saved up some amount and now are planning to build a house (will take a home loan as well). But I am currently unsure how to deal with my brother - (very lazy, highly greedy and stubborn).

My mom wants us both to have equal share in the future after they pass away.

With me investing huge amount (atleast 35-40L) I am not sure how to feel about this. My mom is assuring that my brother won't take any drastic step but its raising too many red flags for me.

Should I asked them to divide the plot in 15*40 to avoid any unforeseen issues in the future? I will build in both portions of the plot.

Any suggestions would be really helpful. I am building a houde for the first time and I am little worried. Please help.

Sorry for the long post.

Thanks,
Veenay

[RashmiL]

Veena,

suggestions from my side .Houses tend to come better in 20 x 30 sites than 15 x 40 sites due to narrow dimensions. Livability standards will be severely impacted due to such cramped spaces .So do check if you can come up with agreement on floor sharing. Like ground and first floor is yours and rest your brothers. But this has problems like you will end up being sole maintainer as your brother will never spend penny on it. Think from this aspect also and take legal advice.

I have another advice which is to not invest at all in building house and instead use money to buy other property for you. Property sharing with family is very complicated and can turn your sleeps into nightmares in future.

[Veenay]

Hello Rashmi,

Thank you for replying. Definitely I will look into other property part. It will be difficult conversation with my mother. Hope it goes good.


Thanks,
Veenay

[msn1270]

Veenay

You have very limited Option.

1. As its a self purchased property of your father, you & your brother have no rights over it as long as your father is alive or unless he is ready to make a will on his own as per his choice.

2. If your father passes away without making any will, then this property will have 3 stake holders by default including You, Your Brother & your mother. So your brother will have rights only on 1/3 part only. Alternately, your mother can give her portion to any one of you or equally to both.

3. Even, though you spend entire amount for building the house on this property, your brother also gets equal rights (50:50) in future on the constructed property as its an inherited property for him. (Once your father passes away in future without making any will - from legal Aspect).

Going for a house construction in 15 x 40 ft site will be abnormal and you may not be able to construct a descent looking house or very difficult to make 2 BHK house in a narrow site. Hence, Going for Ground & First Floor construction in the full site is a better option.

Last option, If you don't want any dispute in future with your brother, its better to sell of this existing site and divide the amount received among you two and you buy a separate site and build a house as per your choice, which will be free from all issues forever.

[Veenay]

Veenay

You have very limited Option.

1. As its a self purchased property of your father, you & your brother have no rights over it as long as your father is alive or unless he is ready to make a will on his own as per his choice.

2. If your father passes away without making any will, then this property will have 3 stake holders by default including You, Your Brother & your mother. So your brother will have rights only on 1/3 part only. Alternately, your mother can give her portion to any one of you or equally to both.

3. Even, though you spend entire amount for building the house on this property, your brother also gets equal rights (50:50) in future on the constructed property as its an inherited property for him. (Once your father passes away in future without making any will - from legal Aspect).

Going for a house construction in 15 x 40 ft site will be abnormal and you may not be able to construct a descent looking house or very difficult to make 2 BHK house in a narrow site. Hence, Going for Ground & First Floor construction in the full site is a better option.

Last option, If you don't want any dispute in future with your brother, its better to sell of this existing site and divide the amount received among you two and you buy a separate site and build a house as per your choice, which will be free from all issues forever.

Thank you for your reply. My mother is okay with the aspect of sharing it equally but I am not as I see a liability.
I suggested the option to sell the house but my mom is emotionally invested in the plot. She is not budging on the idea of selling.

Might have to prefer the last option which rashmi suggested - go for a separate plot.

[kanthraj]

Dear, frankly speaking since your mother supports your decision, pay off your brother whatever the amount comes under his share for him & push it off instead of dragging it any more.

For Example- if the site costs 50 lakhs (present market rate) pay off your brother 25 lakhs (even he can start his own business whatever) & settle the issue & kick start your dream house.


Regards

JK

[SatishKumar]

Veenay,
a)Making it into 2 --> 15X40 will become clumsy for you as well as your brother if he takes the other one.
b)Considering your mom's valid emotional attachment of her husband's hard earned money and your predicament of an irresponsible bro' , why cant you estimate the market value of the property and pay your brother's share to him and register the whole property in your name.
This would mean your dad's property continues its legacy thru you , your brother will have some money to think, plan and invest for his future ,your mom will be happy that the property lies within her family only and you have 30X40 to construct your dream house...

[msn1270]

People who doesn't take any responsibility in their life or earn for themselves, its always very risky to deal with them. If they get lumpsum money now as part of their share, they'll be happy & keep quite till they exhaust the money in their hand. Once they're empty handed, what they will do ??? All they need is money. they neither respect any relations nor emotions.

[Veenay]

Veenay,
a)Making it into 2 --> 15X40 will become clumsy for you as well as your brother if he takes the other one.
b)Considering your mom's valid emotional attachment of her husband's hard earned money and your predicament of an irresponsible bro' , why cant you estimate the market value of the property and pay your brother's share to him and register the whole property in your name.
This would mean your dad's property continues its legacy thru you , your brother will have some money to think, plan and invest for his future ,your mom will be happy that the property lies within her family only and you have 30X40 to construct your dream house...

This is a brilliant idea. Will discuss this with my parents.
Thank you

[Veenay]

Dear, frankly speaking since your mother supports your decision, pay off your brother whatever the amount comes under his share for him & push it off instead of dragging it any more.

For Example- if the site costs 50 lakhs (present market rate) pay off your brother 25 lakhs (even he can start his own business whatever) & settle the issue & kick start your dream house.


Regards

JK

Thank you very much. Will consider yours and satish's inputs.
It really is helpful.