LAW BOOK

HT Estates - - Front Page - Su­nil Tyagi

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.

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