Construction

Querist : Anonymous (Querist) 02 January 2012 This query is : Resolved
My dear Experts,
My father expired leaving registered will.It mentioned my mother got life interest with no power to sell,assign,transfer or alienate.After her lifetime property devolves floor wise on the 2 sons for absolute rights and clear title.
They both also have expansion rights after life time of mother. So both sons give NOC and plot/property is first mutated in the name of mother. One brother wants to construct on his floor though he's not on the rolls as a lessee.Other brother wants title devolving process to take place first as he doesn't trust him for co-operation in further mutation. Both brother's don't agree. Keeping these facts in mind,what is the solution according to you experts??? I have gone through Section 95 of Indian Succession Act and Section 105 of Transfer of Property Act. Please consider the question in all its dimensions.
Thanks again
Thanking you

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Raj Kumar Makkad (Expert) 15 January 2012
None of the brothers have got any right, title or interest to occupy or construct any portion during the life time of their mother and only after her demise, both shall have to get mutation of their respective shares as per will with either granting NOC mutual or a joint NOC bearing their signatures at one place.

Sailesh Kumar Shah (Expert) 16 January 2012
Yes, Rightly stated by Makkad Sir. I completely agree with his views.

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