can a person make a will on land allotted by district collector in four of son excluding daughters when the land is govt. allotted and not self acquired.
Rahul 12 May 2017
can a person make a will on land allotted by district collector in four of son excluding daughters when the land is govt. allotted and not self acquired.
Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 12 May 2017
yes. He can make a WILL.A will is the legal instrument that permits a person, the testator, to make decisions on how his estate will be managed anddistributed after his death.
You wrote Pune on profile so I take Maharashtra Law into consideration
Whether you have lease document signed by collector ?
Without examination of that document/order nothing can be told .
To be on safe side first convert lease land into class 1 land (which you can transfer freely to anyone) and then you can do anything of that land.
Rules for conversion is not yet notified (Amendment in Maharashtra Land Revenue Code is done so 50% work is over)
At this stage you can make will but in future whether girls will have right or not depends upon lease deed
Rahul 12 May 2017
Rahul 12 May 2017
Rahul 12 May 2017
Rahul 12 May 2017
Issue which arose here is
whether will can be made and land transferred to specific individual or not if it is Class 2 land ?
I gave my opinion that convert into class 1 land then you can do whatever you like
But ans Hon. Court only can determine not myself , If any dispute ever reached Hon. High Court /Hon. SC that required checking
So I can only tell I have guided as much as I can
Kumar Doab (FIN) 18 May 2017
The owner alone can bequeath.
The WILL may be mired in dispute.
If WILL on such land is not valid then succession shall set in.
2-3 days back State cabinet meeting took place and cleared rules for Mumbai land
If non - transferable lands are transferred in Mumbai City then
Person has to pay 25% uneared income plus 25% penalty plus 1 % transfer fee = 51 % of ready recnoer value (Govt Value for stamp duty of land ) to revenue dept.
Now if transfer is considered in future illegal due to violation that Class 2 land can not be transferred and they impose same rate (Pune rate yet to be decided) then 51% plus legal battle
So my advice stands same try to first convert to Class 1 land when rules are notified and then do whatever you please