LAW BOOK

HT Estates - - Front Page - Su­nil Tyagi

Un­der our de­ceased mother's will, my brother and I jointly in­her­ited a plot. How­ever, my brother is treat­ing the en­tire front por­tion of this plot as his whereas we both should have equal share in the front as well as rear por­tion of the plot. How should I pro­ceed?

—M Ma­lik It is not clear whether the Will of your de­ceased mother specif­i­cally de­scribes which por­tion of the plot stands to be in­her­ited by each of her sons. Pre­sum­ing that the will has been duly ex­e­cuted and wit­nessed as re­quired un­der law, it seems that the will does not spec­ify which son in­her­its ex­actly which por­tion of the plot, and that you and your brother have in­her­ited joint and un­di­vided in­ter­est in this prop­erty. In such an event, nei­ther you nor your brother can clearly de­mar­cate which por­tion of the plot be­longs to whom, un­less both of you par­ti­tion the prop­erty with metes and bounds, ie phys­i­cal de­mar­ca­tion. If un­able to arrive at a mu­tual set­tle­ment, you may file a suit for par­ti­tion of the prop­erty for iden­ti­fi­ca­tion and de­mar­ca­tion of your por­tion in the prop­erty. How­ever, if the will clearly spec­i­fies which son in­her­its which por­tion of the plot, the in­her­i­tance shall be in ac­cor­dance with the terms of her will. I had rented a flat and de­posited a hefty se­cu­rity de­posit with the les­sor. De­spite nu­mer­ous re­quests, the les­sor has not yet re­funded the se­cu­rity pe­posit. Can I with­hold pos­ses­sion of the premises un­til I re­ceive the re­fund?

—Tarik Ahmed You are re­quired to hand over pos­ses­sion of the premises to the les­sor as per terms of the lease deed. You may file a suit for re­cov­ery for the amounts due to be re­funded to you, along with in­ter­est, if any. In Delhi, how many dwelling units can one con­struct on a res­i­den­tial plot hav­ing area of ap­prox­i­mately 500 square me­tres?

—Shyam Rawat As per build­ing con­trol norms in Mas­ter Plan of Delhi 2021 with re­spect to res­i­den­tial plots ad­mea­sur­ing 250-700 square me­tres of area, max­i­mum num­ber of dwelling units per­mis­si­ble is six, max­i­mum ground cov­er­age is 75% of to­tal plot area and max­i­mum per­mis­si­ble Floor Area Ra­tio is 225.

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