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Rahul   12 May 2017

Can a person make a will on land allotted by district collec

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.



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 11 Replies

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.


(Guest)

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

If the land is class 2, does the person posses right to transfer a land in favor of son excluding the daughters when land is not self acquired.

(Guest)

You can make will now , but in future there are high chances of legal dispute. 

Convert Class 2 land to class 1 land then your will have more validity 

 

Rahul   12 May 2017

Before conversion to class 1 on what ground daughters can claim share in land.

(Guest)

Class 2 Lands are not transferable as per Maharashtra land Revenue code.

It will go to all successor in case of death of person 

Rahul   12 May 2017

When there are three successors can the will made in favor one successor.

Rahul   12 May 2017

When there are three successors can the will made in favor one successor.

(Guest)

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.


(Guest)

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 


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