Is deducting cost before division of property is legal?
We are five brothers. Around 14 years ago, my three elder brothers invested money to build our parents’ house. At that time, my younger brother and I were very young and did not live in that house. Now, those three brothers are saying that they had invested ₹8,00,000 to build the house, so they want to deduct ₹8 lakhs from the total value of the property and divide the remaining amount equally among all five of us. Please guide me—is this fair and legal? What should I do?
Dear Client, your elder siblings cannot insist on deducting the cost of constructing the house before the division of property unless such an arrangement was expressly agreed upon in writing. The expenses they incurred for construction were made on their own behalf, and therefore they cannot claim automatic adjustment or deduction. Such a right would arise only if your father, as the owner of the property, had expressly directed compensation or executed a will to that effect. I hope this answer helps. In case of future queries, please feel free to contact us.
Dear Client, Deducting the cost of building the house before its division cannot be enforced by your elder siblings if such an arrangement has not been expressly provided for through an agreement. This expense was incurred by the elder siblings on their personal behalf. Hence, they cannot claim a deduction unless your father/the owner of the property explicitly arranges a compensation of such or execute a will to that effect. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.
Legally, all five brothers have equal rights in the property after your parents, regardless of who spent money on construction. If your elder brothers don’t have legal proof of the ₹8 lakh investment, they cannot deduct it before dividing the property. You can claim your full share and, if needed, take legal action through a partition suit. For further legal assistance, contact us on our helpline number.
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