There is no validity as to the WILL
Can a Property in Salt Lake , Bidhan nagar be willed
I live in Bidhan nagar , salt lake. The house is in my grand father's name. My grand father had created a will in 1980 , mentioning the property will go to me his only grand son. My father passed away in 1988 and my grand father passed away in 1993. After his death his youngest daughter , my aunt , revealed another will whereby the property has been given to her. She went on to probate the will. I have challenged that with a probate of my will. The case is going on since. I am residing in the said property for the last 35 years. My understanding is during 1992-93 properties in salt lake could be not be lease transferred. They can be done now with a fee of Rs 5 lakh per cottah. So is there a validity of a will made in 1993 when properties could not be transferred. Can a person who himself is a lesse of the urban development authority right a will and give a property to his son or daughter?
Asked 5 years ago in Property Law
Religion: Hindu
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7 Answers
1. Making a Will is a valuable right of a party and one can always make a Will to bequeath his interest in a movable and immovable property.
2. So the general restrictions applicable to the properties situated in Salt Lake does not cause any hindrance on the right of the owner of the said property.
3. However to know the specific restrictions of Salt Lake the deed of lease granted in favour of the lessee needs to be seen for further advice on this count.
Lease transfer may ha e been prohibited but there is no bar to bequeathing property by will
See if the properties is leased and grand father has no absolute ownership of same the property cannot be willed all the legal heirs can just transfer the lease in there name.
The lessee can transfer the property by a testamentary disposition since the same will take effect only after his lifetime, therefore there is no legal infirmity in it.
Since the matter is before the court, you may challenge the same as per law.
Dear Client,
You are in present possession of property cause of your grand father. If he was not owner than both Wills are invalid and your possession too. If there was no WILL than it would intestate succession and transfers in your father and his sister`s name.
So, raising this point will create more trouble.
1. The "lesse" rights can be transferred based on a registered (or probated) WILL.
2. However the Title-Ownership rights of such properties cannot be transferred, unless relevant NOC and paid Premium receipt of the Authority is received.
Keep Smiling .... Hemant Agarwal
