Query regarding freehold
rusherhayer
(Querist) 18 June 2012
This query is : Resolved
A society flat in new delhi the owner executed a registered will in which the general power of attorney was stated to get transferred to ONLY ONE of his legal heirs Mr A after his death STATING CLEARLY NO OTHER LEGAL HIER WILL HAVE HIS SHARE IN THIS PARTICULAR PROPERTY. After 1 year due to old age(80+) his expires.
Smoothly all the legal formalities were executed Mutation,nomination was already there from beginning of Mr A in society records, also Mr A resides there for more than 17 years and continues.Also Mr A was added as the new member after his fathers death.
Q: Will this property be converted to Freehold by Mr A alone as according to his fathers registered will ,GPA,mutation and society approval [ALL OF THIS IS ALREADY DONE] OR IS IT THAT ALL THE LEGAL HEIRS HAVE TO SIGN IN HIS FAVOUR FOR THIS FLAT TO BECOME FREEHOLD IN THIS PARTICULAR CASE.
THANKS IN ADVANCE
REGARDS,
RUSHERHAYER.
Adv.R.P.Chugh
(Expert) 18 June 2012
No it should not be required in my view.
ajay sethi
(Expert) 18 June 2012
1)a nominee is only a trustee . he holds property in trust for all leagl heirs . merely because in society Records A is nominee dosent make him owner of flat . he is a trustee for all legal heirs
2)testaor has mentioned that power of attorney was to get transferred in name of A after his death .
3)on death of testator power of attorney has no value . how can power of attorney be transferred after his death in name of A ?
4)in my view legal heir s have to give NOC for conversion into freehold .
rusherhayer
(Querist) 18 June 2012
If that be the case what does the declaration of "no other heir expect for Mr A
will have any right in this property as they already have got there their shares in say other forms according to the executor of the will".
the only reason this will was executed so that there should be no complications afterwards
ajay sethi
(Expert) 18 June 2012
it is necessary to go through the entire will to give an opinion . you have produced some extracts of the will .
contact a local lawyer in delhi . if you need DDA permission for conversion into freehold what does DDA say? is it asking for NOC of other legal heirs?
rusherhayer
(Querist) 20 June 2012
Sir this Society Flat was "SELF ACQUIRED" property of my GRANDFATHER [OWNER/TESTATOR] and the testator [OWNER] has mentioned this property and all its rights whatsoever will get transferred to Mr A alone ONLY AFTER THE DEMISE OF THE TESTATOR[i.e. MY GRANDFATHER].
SORRY FOR PROVIDING ABRUPT INFORMATION EARLIER.
ACTUALLY MY GRANDFATHER EXECUTED A REGISTERED WILL SPECIFICALLY FOR THIS SOCIETY FLAT THAT ALL RIGHTS SHOULD GO TO MR A [HIS ELDER SON] ALONE AFTER HIS DEMISE .
THIS WILL WAS PREPARED BY COMPETENT LAWYER
AND DULY REGISTERED AT RESPECTIVE AUTHORITY.
CAN DDA INSIST ON NOC FROM ALL THE LEGAL HEIRS FOR CONVERTING IT TO FREEHOLD OR NOT.
IF DDA INSISTS SIR THEN WHAT LEGAL REMEDIES DOES MR A HAS,HOW STRONG IS MR A'S CASE.
THANKS
MUCH APPRECIATED
REGARDS,
RUSHERHAYER.
