Transfer of non-existing third floor
Naveen Kumar
(Querist) 12 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. Now, my uncle wants legal ownership of third floor(which is not in existence/constructed so far due to non-construction of second floor). Can my father give/transfer the ownership of third floor (which is not in existence so far due to non-construction of second floor) by way of legal papers. If so, then by/through which method (like through WILL, MOU ETC.).
ajay sethi
(Expert) 12 May 2012
first apply for probate of grandmother will . once will is proved get property transferred in name of your father / uncle .
as per will your father has sole rights on any floors which may be constructed . it is better to resolve family disputes internally rather than spend on legal fees and court fees .
if no settlmenet is possible sell of the property .
Shonee Kapoor
(Expert) 12 May 2012
The roof rights are with your father.
The settlement can be reached, then its better.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
