My father owns a property in Bangalore. If consists of ground floor only, we are two brothers and one sister. Property in question stands in the name of my father, which is self acquired. I have been granted a home loan to construct the first floor, my sister and brother wants to construct the second floor. But my father has refused to give no objection letter or even cede our proportionate share in the property. Please advice how to overcome this problem.
You have stated that the property is self-acquired by your father, so he has the absolute ownership title, interest. He can deal with the property, as he likes. Question of proportionate share to you arises, only on his expiry without making any Will. If he makes any Will, property will devolve according to the will. Neither you nor your brother has any right over the property at present. The very idea of constructing additional floor on the property of your father and finding fault with him is wrong. If your father agrees, he may gift undivided share on the land to both of the brothers to enable you to construct floors. Please also examine whether building by-laws permit additional floors. It is advisable to settle such family matters amicably.