Process and expences leasehold property to freehold
aakash
(Querist) 07 January 2015
This query is : Resolved
respected sir,
my father purchased a plot in kanpur in 1980 from mr. a and mr. a was financially unable to pay expenses of registry and taxes etc. so my father paid all expenses and registered the plot in the name of mr. a. and mr. a wrote a will in the name of my mother. now i have a 99 years lease in the name of mr. a and a registerd will in the name of my mother, and death certificate of mr. a. sir i want to know what are the procedure and expense of plot freehold and dakhil knarij.
Anirudh
(Expert) 07 January 2015
Dear Aakash,
Please indicate whether the plot remains still as a plot or any construction has been done thereon?
Is there any condition that construction on the plot has to be done within a stipulated time?
If any construction had been done thereon, who undertook the construction - whether Mr. A or your father? If your father is there any record/documents to show that?
The will left by Mr. A relates only to the plot or construction on the plot also,m if any?
Please indicate whether A has any legal heirs (i.e. widow, sons / daughters)?
Whether they are aware about the existence of such a WILL?
You have to first get the WILL probated through Court of law. For this you have to get the help from a lawyer in your area.
Once the WILL gets probated, you have to get the property mutated in your mother's name by approaching the Authority concerned (I think it is Kanpur Development Authority).
After getting the property mutated, you should find out from the Authority the charges for getting the property converted into a freehold, and then follow the said procedure.
ajay sethi
(Expert) 07 January 2015
answer queries raised by MR Anirudh
Rajendra K Goyal
(Expert) 07 January 2015
Author is required to answer the query from the expert Anirudh.
T. Kalaiselvan, Advocate
(Expert) 09 January 2015
While answering the queries raised by our expert Mr. Anirudh, you may get an answer which will benefit more number of people facing such situations.
Dr J C Vashista
(Expert) 13 January 2015
@Aakash,
1. The leasehold property cannot be sold without the consent and permission of lessor, hence the transaction made ab-initio invalid.
2. Your father, as stated by you has paid registeration expenses and got it registered in the name of "A" since "A" was financially incapaciated and the consideration amount remained un-paid, in this scenario how could the lessor get the title transferred in the name of 'A'??
3.Despite the fact that your mother is beneficiary through the 'will' and same is operative after death of 'A' which has to be probated and obviously to be challanged by lessor (if not by other LRs of deceased 'A'.
4. Conversion of leasehold to freehold followed by mutation of the plot shall also involve LRs of deceased 'A'.
5. Show the documents to a local prudent lawyer, consult and engage to proceed in a professional manner in your own interest and benefit.
