LAW BOOK

HT Estates - - HTESTATES - Su­nil Tyagi

My brother-in law passed away with­out a will. His heirs in­clude my sis­ter, ie his wife, their two mi­nor chil­dren, his mother and three sib­lings. Dur­ing his life­time he had pur­chased an im­move­able prop­erty. Can this prop­erty be trans­ferred to my sis­ter, ie in his wife’s name?

—Dev Nanda As­sum­ing the de­ceased was a Hindu male, if a Hindu male dies in­tes­tate, then his self-ac­quired prop­erty shall de­volve in equal pro­por­tion upon his class I heirs. In this case, as per the Hindu Suc­ces­sion Act, 1956, class I heirs shall in­clude; his mother, widow and chil­dren.

I own a house in Noida which is built on a lease­hold plot. I pay yearly rent for the same. Is there any way to con­vert this plot to free­hold? Can I pay the lease rent in one go? Can I sell the lease­hold prop­erty? If yes, how?

—Ab­hishek Agar­wal Firstly, as of now, Noida Author­ity has not is­sued any pol­icy for con­ver­sion of lease­hold prop­er­ties to free­hold. Yes, the Noida Author­ity gives an op­tion to pay one-time lease rent.

I own a plot of res­i­den­tial land on which I have con­structed three units on dif­fer­ent floors. I have re­tained the ground floor unit and am plan­ning to sell the other two units. The buyer of one of the units is in­sist­ing on keep­ing the orig­i­nal sale deed which was ex­e­cuted in my favour by the pre­vi­ous owner for the en­tire plot. Can he do so?

—Ra­jesh Sondhi Since you (be­ing the seller) have re­tained a part of the prop­erty, you are en­ti­tled to re­tain the doc­u­ments of ti­tle re­lat­ing to the said prop­erty.

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