Will on leased plot
milind phope
(Querist) 27 August 2012
This query is : Resolved
I have taken a residential NA bunglow-Plot for our house,on lease from a registerd Bunglow Society for 999 years.Society is consisting of 200 plots,for which the Govt.town-planning authority has given approval for its layout-plan.Society is absolute owner of the entire land and we plot-holders are lessee members,paying yearly lease-rent to the society,as agreed in our registerd Lease-Deed.
Now I want to make my WILL for my leased plot,but Society says that,since the society being,the absolute Owner of said plot,my WILL is not applicable on my plot.I am suppose to be the lessee of the plot and not the OWNER.
Our 7/12 extract also bares Society's name on top and our names comes after Society's name with a seperate mutation number.
I have attached the copy of my latest 7/12 extract.Kindly advice what should be done to implement my WILL on my leased plot.
Adv.R.P.Chugh
(Expert) 27 August 2012
No - the Society is correct - a leased premises cannot be willed away...rather the succession to such premises takes place as per the ordinary rules of succession or rent laws prevailing in your state.
Devajyoti Barman
(Expert) 27 August 2012
Well, tenancy can be bequeathed by way of testamentary succession.
There is no legal bar on it.
milind phope
(Querist) 27 August 2012
But as per rule in Maharashtra,Society says that,my relative or my legal heir or any of my family member,who is staying with me at the time of my death,shall only get the plot transferred on his/her name,inspite of,whatever WILL I make.
After my death my membership ceases and new membership will be given to the person to whom,society will leaseout the plot as mentioned earlier
Isn't it strange.What is the point, making my WILL on my plot.I don't how I should act.
Shashikant V. Patil
(Expert) 27 August 2012
Once the lease agreement is executed with society for 999 years, then also your entity will not be owner but remained as lessee only . And it will be continued to legal heirs after the death of a person as per succession rule. In this regard, you cannot make any will as ownership of plots will remained for 999 years with society only as these are not freehold land but title is with Society only. Over and above, if you wish to make a will of this plot, and having various properties owned by you, in that case, other legal heirs will have to produce NOC to the society for new member in whose favour the said plot allotted by way of will.
BHANU RASPUTRA
(Expert) 27 August 2012
IF DOCUMENT REGISTERED IS LEASE OF 999 , it is deemed to be owner of plot . Even if lessee , then also lessee has every right to make WILL and mention the leased plot to whomever to be given.
it is not tenancy plot. It is leased plot. Therefore , tenancy law do not apply in this case.
pl. make WILL and register a WILL.
