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anupama (Self employed)     15 July 2014

Transfer of property

Hello My parents has a property in Delhi. In that property, of the 2 floors and roof rights that my father owned, he has given one floor to myself, one floor to my sister and roof rights of that floor with her as at that time there was no provision to construct the 4th floor. My father passed away 6 years back. last year my mother wanted to divide the roof rights between me and my sister because of the new law of constructing 4th floor and from the perspective of being fair and both of us were agreeable. However she passed away about 6 months back. We both are still of the same opinion that property should be divided equally between us. How do we go about doing this because will gives roof rights to my sister. Regards Anupama


 2 Replies

Rangee (Lawyer)     15 July 2014

Hi,

The will is made at the point of time and date when there was no provision in law, to construct 4th floor.  The will is made with reference to law as on date of will, the  roof rights beyond 3rd floor accrued after death of your father  should be shared equally among the legal heirs .

Yours 

Rsksingh

HIRAL THAKKAR (ADVOCATE )     15 July 2014

Relinquishing by your sister her 50 % share in the roof rights shall suffice the purpose.


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