I own a plot in Delhi of approximately 1000 square metres. Can I retain half the plot area and sell the other half? Can two separate buildings be constructed on the two separate portions of the plot? What would be the permissible FAR for both portions?
—Jagdev Bhushan Under the Master Plan for Delhi 2021 (MPD), it is not permissible to bifurcate or sub-divide a residential plot into smaller plots. You may transfer a portion of the plot in favour of another person and erect two separate buildings on the same plot. This can be done provided the floor area ratio, ground coverage, number of dwelling units, etc, for both the buildings combined will be calculated as per the rules and norms prescribed for the entire plot of 1000 square metres, and not on the basis of area of the separate portions of the plot. This is also subject to obtaining sanctioned building plan and other permissions and approvals from local competent authorities after submission of requisite NOC from all owners of the plot/ portions thereof. Under my deceased mother's will, my father has been named executor and I am named as a beneficiary. Unfortunately, my father is not of sound mind and cannot apply for probate of the will. How should I proceed?
—TS Yadav As you have not been named as an executor in the will of your deceased mother, you are not eligible to apply for obtaining probate of the will. Given that your father is legally incapable of applying for probate, as a beneficiary under the will you may apply to the court of competent jurisdiction for grant of letters of administration. I have three children - a married son, a married daughter and an unmarried daughter. What are their rights in Mitakshara Coparcenary property of our family?
—RM Dalal Under Hindu Succession (Amendment) Act, 2005, daughters have been recognised as coparceners in a Mitakshara coparcenary, equal to sons. Thus in matters of inheritance of Mitakshara Coparcenary property, both your daughters are equal to your son in the eyes of the law. Also, Hindu Succession (Amendment) Act, 2005, does not create a distinction between inheritance rights of married and unmarried daughters in coparcenary property. Hence, all three children shall have equal rights in Mitakshara Coparcenary property of your family.