Legal heirs on the basis of registered will
RAJESH KUMAR
(Querist) 23 July 2013
This query is : Resolved
A industrial plot was resumed by the Corporation on account of default of payment. The allottee filed a civil suit challenging resumption order. The said suit was dismissed as default by the Civil Judge. The allottee filed an application for restoration of suit, the same was also dismissed. Against the said dismissal order the allottee filed an Appeal before District Judge, the appeal was also dismissed. Against the dismissal of Appeal, the allottee filed Civil Revision before High court, notice of motion was issued by the High Court, in the mean time the allottee had died. An application for impleading as legal heirs of deceased/allottee is filed by deceased friend on the basis of registered will. The applicant is not in blood relation of allottee. Please tell me on what ground the application is apposed by the Corporation. In this regard, if any case citation is available tell me.
It is pertinent to mention here that due to non payment of installments of plot in question, the conveyance deed was not executed only allotment letter was issued by the Corporation.
Advocate Ravinder
(Expert) 10 August 2013
Since the allottee had not paid the instalments, the Corporation had rightly restored the allotment of the industrial plot. There is nothing wrong. Only allotments had been done in favour of the deceased allottee. Once all the instalments are paid the Corporation will register the plot in favour of the deceased allottee. Then only the allottee will get absolute right over the property. Once go through the terms and conditions of the allotment letter for getting better idea.
