Querist :
Anonymous
(Querist) 28 March 2011
This query is : Resolved
I have inherited a immovable property by will excuted by my mother . she made me the sole and absolute owner of the property without giving me any rights to elinate the said property. she as said that my daughters can take equal share of the property who are now minors . still 8 years is left for my first daughter to attain 18 years of age. My question is can i lease my property with a house built in it for lease . do i have the right ?
Y V Vishweshwar Rao
(Expert) 28 March 2011
Development of Property and lease not exceeding the period by which the Minor become major - in the HUF Property is not prohibited - The Construction and letting the property is for the benefit of the family members - including minors - not prohibited .
Jitendar Kumar gupta
(Expert) 28 March 2011
yes you can do. For more information you may call at 9868529732 or mail at guptajkin@gmail.com
Parveen Kr. Aggarwal
(Expert) 28 March 2011
"alienation" includes transfer of lease rights. However, a will can be interpreted in a manner to give effect to the intention of the executant.
Can you reproduce the relevant portion of the will in the query so that it can be replied in a better manner?
R.Ramachandran
(Expert) 29 March 2011
I agree with the views expressed by Mr. Y.V.V. Rao and Mr. Praveen. Having said this, you will not be able to claim any benefit of the portion constructed by you in the said land. Further more, I wonder, who will be objecting to your current move, which will be restricted only to a limited period say another 8 years.
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