Transfer of property rights

Naveen Kumar (Querist) 25 May 2012 This query is : Resolved
My grandfather (now in heaven) made a registered will in favour of my grandmother and subsequently my grandmother(now in heaven) made a registered will in favour of my uncle and my father. According to WILL, my grandmother gave the rights, of two existing floors i.e. ground floor in fovour of my uncle and first floor with roof rights in favour of my father, with the clause that in future, if any floor may be permitted to construct by the law, then my father can construct it.

My father wish/willingly to give/transfer the ownership/rights of third floor (which is not in existence so far due to non-construction of second floor & third floor) by way of legal papers.

Query :
1. Can he transfer the rights of third floor? If so, then by/through which mode (like through WILL, MOU ETC.)

2. If he can transfer, then when can he transfer the rights of third floor-
(a)either before construction of third floor; or
(b)only after the construction of third floor?

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V R SHROFF (Expert) 25 May 2012
your father have right to construct it
so can only construct 2nd floor, then 3rd floor.

whether he can sell it to outsidere stanger is not clear. So ur father need NOC from your uncle for the same, only after construction. . ur father can use and occupy the floors so constructed.