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Manas (Teaching)     11 August 2013

Gift or settlement

A commercial plot of size 30*60 was leased to my maternal grandfather, for 3 renewable terms of 33 years each, by the state of UP in the year 1956. The first lease term of 33 years ended in the year 1989. Thereafter it was never tried to get renewed (by both the parties). The plot was/is used for commercial as well as residential purpose.

 

My maternal grandfather passed away in the year 2010. He had 6 children (4 daughter and 2 sons, eldest being my mother). All of them are married and have adult children.

 

 

Now my maternal grandmother wishes to transfer the said property into my name. Also none of the family members have any sorts of doubts or issues in the said transfer. What is the best way to get it done?  Kindly suggest a way which is least expensive and has maximum legal value. Also the deed or agreement must be irrevocable. 



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 7 Replies

Suri.Sravan Kumar (senior)     11 August 2013

Your grandmother has no right to transfer the property in your name. Your deceased grandfather is only lessee. The original owner is State Govt Of UP. The land is a Govt property. You will not have any right over the property. Approach Govt officials for renewal of lease in your name if the law permits.

Manas (Teaching)     11 August 2013

Thanks for the input Shravan Ji. Even my late maternal grandfather's will states that this property to be transfered to my name. Isthis in any case going to help?

adv.raghavan (Advocate,9444674980)     11 August 2013

when he doesnot have the ownership how can he do will on that? so it is of no use

Manas (Teaching)     11 August 2013

After my grandfather's death the property was transfered to her name. Also my grandfather's will stated the same.

Suri.Sravan Kumar (senior)     11 August 2013

who has transferred on our grandmother's name? Is it regd? Its a Govt property.

NGOKC (pm)     11 August 2013

Wait mr Kumar,

It is a standard practice in UP and nort india that govt does not do a sale of plots .

It instead gives it on 99 year lease , same leas is generally transferred as sale.

Manas , you will be better served by checking with local property deaalers on correct mode of transferring title for 99 year lease land in UP

For example in delhi same applies to dda flats they are all on 99 year lease but are resold as property., In delhi govt has also allowed a freehold fees wherein lease is converted to proper ownership

1 Like

Suri.Sravan Kumar (senior)     11 August 2013

if u have lease deed pl send it as attachment for my perusal


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