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pallavi (sr manager)     21 April 2012

Right of legal heirs on the land in the name of deceased

Require legal view and opinion on following:

1. Mr. X purchased land in 1974 and build a house in the same year and resided in the same house till death.

2. in 1983-84 he transferred development  rights in the land to the builder and a building was constructed keeping the existing superstructure intact on the land

3. there were only 2 conditions in the agreement; one covering compensation for the contract and second clause on conveyance to be carried out before forming the society and part of compensation Rs. 10K to be handed over to Mr. X.

4. as usual agreement is binding on legal heirs of the deceased

However in reality following happened:

1. society was formed in 1989 -90 without conveyance

2. land is still in Mr. X's name. who died in March'12.

What should be the course of action?

1. Is agreement binding on legal heirs includes wife and 2 married daughters

2. If the building goes for redevelopment; whether the legal heirs have any right / interest

3. Should the legal heirs get the land transferred in their names?

 

Best regards,



Learning

 4 Replies

MAMTA (mamtatdave@gmail.com)     21 April 2012

you first transfer the land in legal heirs name on strength of death certificate of owner than only you will have strong case in future.

take steps immediately before it is too late.

Adv. Kailash Chavan (Lawyer)     01 May 2012

first u need transfer property in the name of all legal heirs of mr. x ....if ur in Maharashtra/mumbai then u have to give conveyance in the name of society under MOFA act ......agreement is binding on legal heirs ...however u did not disclosed whether u received the part compensation ....legal heirs has every right if societ goes for redevelopment ....

pallavi (sr manager)     26 May 2012

thanks so much for reply... and apologies for delay in providing further clarification.

approx 5% of total compensation agreed in 83-84 ( which could be very small amount if compared it with current price level for property situated in Mumbai) is  not received by Mr. X.

request you to please provide contact details, if possible.

 

best regards.

Adv. Kailash Chavan (Lawyer)     26 May 2012

Adv. Kailash Chavan -7208469030


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