Distribution of ancestral property

1) Equally between brother and sister property will be divided .

2) I think this query I answered  before also  but it came in my mind , Lease deed should be also analysised in this case 

3) If possible for correct interperation of lease deed who will get lease right afterwards you may require to take lease deed to local lawyer who is specalized in the act governing this kind of lease land in Delhi. 

4) Some time there are condition attached to the lease deed additionally all over india steps are taken to make all lease deed free hold land so regarding development in delhi UT I think local advocate can tell you better.

5) Myself from Maharashtra so only can ans. from Hindu Succession Act point of view but not as per rules governing Lease deed which can be governened by local Act

You need to analysis the Lease deed using local act of Delhi if any applicable also which is equally inportant rather more important 

Try to read Lease deed which is in your possession and try to see if any act is mentioned in that deed . If So please post it , atleast for academic purpose we will know more about such lands sitting from maharashtra. 

I can check that act online and give you copy or some input regarding it 

I have gone through the Lease Deed. No specific act is mentioned there. The Plot of land was and is still leased to & in my father's name. It is quite certain that it an ancestral property and not the self acquired one as the same was allotted against the claimes allowed on account of properties left behind in West Pakistan after partition during 1948. Therefore presuming that the property will succeed to coparceners amongst heirs apparent in accordance with HSA 1956.  The moot question is what is the status of daughters in the family w. r t. their share in this property in the context of latest judgement of Apex Court where it has been decided that the implementation of Amendment 2005 giving equal rights/share to daghters is prospective and not retrospective, as the father owner of leased property died in Feb 1985.     

I was studying now, After analysis and various lease properties matter I conclude

1) Lease property can not be transfered , There are conditions attached to lease deed . Some land /property is givren for specific purpose like residene /commercal etc. Now this conditions if violated then lease can be terminated by Lessor 

2) In your case who is proper Lessor , See it can be Municipal Corporation /It can be state Govt/It can be Central Govt. / any other body formed by any other act who have given land on lease to those who migrated 

3) We hace neighbouring City Ulhasnagar , Whole city was established on Militiary camp for all those who came from present pakistan. There is lot of caos there regarding property. Even specal law had to be made only for ulhasnager 10 years back . Similary this case has to be studied from first lease issue point

4) Then comes next point who will succeed under Hindu Succession Act. Now why I say so there are various issue where law is silent . And this have created confusion a lot. Biggest confusion in Maharashtra is regarding who should be considered  for transfer of lease property . Rent act which is controlling people in flat says those who are staying on their name receipt and tenancy should be changed by Owner , Then what about Hindu Successin Act. Eventually it becomes conflict of law some where

5) All lease issue with Govt /Semi Govt goes eventually in High Court and Supreme Court for interpretation. Maharashtra Govt. concluded to solve this permanetly ask all govt . leasee to pay charges and make transferable and Govt exit from property . Bil was presented on 4 April this year. So this whole thing require lot interpetation checking which act applicable

6) There are some laws where leasee if not staying then he looses rights , so in your case what is rights of person who are not staying ? 

So all your queries will depend upon Act which is appiicable ? Who is Lessor ? Which body of Govt under constitution is lessor and which acts governs lessor and terms and condition thereof.

It will be better instead of searching this query you better search law which governs land which granted to you by lease in your state and condition attached with lease deeed. etc. 

This can change whole dimension of case , and taking wrong act in hand can lead to big problem.

There are 50 acts governing property in Maharashtra , If I choose one act and property is from other act just imagine how big problem i do in interperetation 

I think ans. one similar query in some other forum , mostly you must be there only. Don't follow advice there I was wrong some where.

First --Determine perfectly which act is applicable to you

Second - Who Lessor

Third --- What are conditions mentioned in that act and rules framed under it

Fourth --- Once above above three points get cleared then think of Hindu Succession Act , not before that .At this stage for your problem don't refer Hindu succession act but law which governs lease 

Thanks Madhu ji for taking this much of deep interest in this issue/case.  Ofcourse academically it will remain helpful both to yourself and me too.  Further to your excellent analysis I would like to inform you that this plot of land has been leased for 99 years for residence to rehablitants to repatriate the refugees who left the west Pakistan on partition of the country in 1947.  The Leasser in this case is the prsent Land and Development Office of Ministry of Urban Development, Government of India. Its website is https://www.ldo.nic.in/ .  The plot of land is transferablel after obtaining the sale permission from L&DO by paying the requisite fee etc.  Other related things required for analysis can be checked up from the Manual of this office which is also available on the website.  Thanks Madhu ji for sparing your valuable time and attention for this case.  With sincere regards.  Vijay Kumar.  I can be contacted further if needed at vijay_kumar4652@yahoo.com. 

1) Lease land can not be sold , Proper process is to convert lease land into free hold and then sell . This is correct legal terminnology and way. Else new person will be considered Encrocher (Legal heir is not termed encrocher) 

Important points selected for your case

2) I feel this option is correct option for you 

In respect of rehabilitation colonies, leases granted under the Displaced Persons (Compensation & Rehabilitation) Act are for residential, commercial and industrial and are in Appendix-XI, Appendix-XII, Appendix-XIII and Appendix-XXXI.

3) Yours must be Rehabilitaton colony . 

4) It state Rehabilitation leases are 99 years

5)Appendix-XXXI-A, XXXI-B and XXXI-C leases are also nominal leases granted for ‘A’ type and ‘C’ type tenements or three storeyed markets in various Rehabilitation colonies in Delhi.  In these nominal leases also, ground rent is revisable, as it the case of Appendix-XI leases, at the time of 2nd sale/assignment on the same lines as in the case of Appendix-XI leases.

6) 

 Some of the common features of the leases are as under:-

 (a)                The lessee shall not, without the prior permission of the lessor, make any additional construction, other than the construction/building  existing on the date of lease.

 (b)               The lessee shall also not use the premises for a purpose other than  that specified in the lease deed without the prior permission of the  lessor.

 (c)                The lessee shall not sub-divide the premises without the prior  permission of the lessor.

 (d)              In case a lessee commits any breach of the terms and conditions of the lease, the premises can be re-entered for the breaches unless the lessee removes remedies the breaches on a notice served on him by the lessor.  These breaches can, however, be compromised on temporary basis on payment of misuse/damages charges as may be claimed by the lessor.

7) Chapter 24 -- Sale permission ( Legally they have used wrong heading , it should be Encrochment regularization ) -- This steps are taken when leasee do illegal transcation and sell property which is illegal then to regularize all this chapter is applicable

8) It seems this organization too is confusing terminology of Transfer of Property act which is central act for determining definition etc. of sell /lease etc.  My point is correct encrochment regularization

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Can you please search following link on that website

Appendix-XI, Appendix-XII, Appendix-XIII and Appendix-XXXI.

Your case seems to be under this Act of Parliament

1) THE     DISPLACED     PERSONS  (COMPENSATION AND REHABILITATION) ACT, 1954

2) This Act was repelled in 2005

3) Since it is parliament act , i feel it may be applicable even to my neighbouring town Ulhasnager Municipal Corproation 

4) It must be applicable to various state

5) Can you please try to get copy of this book and rules if second hand etc. is available in any law publisher / Law house 

6) Reason is that it can help us to get background of this case properly , Since now I got further background of this case so will study in that direction 

Displaced persons claim and other law repeal act 2005

Sec. 1 - This Act may be called the Displaced persons claim and other law repeal act 2005 

Sec - 2 - The enactments specified in schedule are hereby repelled

Schedule 

1. Administration of evacuee property act 1950 31

2. Displaced person (Claims) Act 1950 44

3. Evacuee Interest separation act 1951 64

4. Displaced person (Claims) Supplimentary Act 1954 12

5.  THE     DISPLACED     PERSONS  (COMPENSATION AND REHABILITATION) ACT, 1954 44

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Nothing is specifically mentioned properly of Land now let me check act Displaced persons Compensation and rehabilitation act 1954 properly so proper thing I understand 

If possible please help me in getting rules of it so . I was not able to find at this moment 

Just curosity , Whether it was ready made house you entered (means father) or he constructed.

Because now reading one judgement and also remebering Sardar Patel Movie I conclude some properites which people who migrated to Pakistan their property were taken under
Administration of evacuee property act 1950 31

Latter they alloted same land or properties to people who came from Present Pakistan. 

So this thing too I require to understand so I get full grip of the case and make proper points of case here