LAW BOOK

HT Estates - - HTESTATES - Su­nil Tyagi

I own a plot of res­i­den­tial land on which I have con­structed three units on dif­fer­ent floors. I have re­tained the ground floor and am plan­ning to sell the other two units. Now, 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 whole plot of land. Can he do so?

– Vib­huti Taneja Since you (be­ing the seller) have re­tained a part of the prop­erty you are en­ti­tled to re­tain the doc­u­ments of ti­tle re­lat­ing to the prop­erty. We are a Hindu fam­ily and my father is an adopted child of my grand­par­ents. My father in­her­ited prop­erty from my grand­fa­ther (self-ac­quired prop­erty) by virtue of my grand­fa­ther’s will. My father of­ten threat­ens to will the prop­erty to his rel­a­tives and not to my mother, me or my sis­ters. Can my father legally do that?

- Gau­tam Tri­pathi As your father is the ab­so­lute owner of the prop­erty in ques­tion, he is well within his right to deal with the prop­erty in any man­ner he deems fit and proper. My father died re­cently leav­ing be­hind a will. The will is writ­ten on a ₹ 5 stamp pa­per and is duly signed by my father. The will has both the sig­na­ture as well as thumb ex­pres­sion of my father but it is not reg­is­tered. I want to know if a will writ­ten on a ₹ 5 stamp pa­per can be con­sid­ered as a valid will?

- Sameer Gupta It is not manda­tory to reg­is­ter a will as per the In­dian Reg­is­tra­tion Act, 1908. An un­reg­is­tered will is a valid le­gal in­stru­ment if it has been duly ex­e­cuted as per the re­quire­ments un­der In­dian Suc­ces­sion Act, 1925. I have a house on a plot of land mea­sur­ing 300 square yards in Greater Kailash, New Delhi. I want to re­con­struct a new res­i­den­tial build­ing on it with a stilt area, ground floor, first floor and se­cond floor. Can you guide me on the max­i­mum per­mis­si­ble FAR in Delhi with re­spect to the same? Also, please clar­ify whether the stilt area would be in­cluded in the FAR or not?

- Harsh Sharma As per the norms laid out in the Mas­ter Plan for Delhi 2021, max­i­mum per­mis­si­ble FAR for a res­i­den­tial plot hav­ing an area of 300 square me­tres is 225. If the build­ing is con­structed with stilt area of non hab­it­able height (less than 2.4m) and used for park­ing, such stilt area shall not be in­cluded in FAR. How­ever, though such stilt area is not in­cluded in FAR but it would be fac­tored in to cal­cu­late the height of the build­ing.

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