House Plan
3 months ago
Sir, I live on a plot of land which belonged to my Grandfather followed by my father and then me. I have the will of the plot but don't have any house plan. I have made new construction of my old house and now officials from Municipal corporation came and asked us to meet in their office. My question is, since it's an old house can I now make a new house plan or will my house be demolished?
A.Dear Client,
The first step in transferring a property to a legal heir's name is to either get the will probated or get letters of administration (LOA). Probate is a court-certified copy of the will. Once the probate of the will is done, the beneficiary will have to visit the office of the sub-registrar concerned with the relevant documents to get the property transferred in the name of the legal heir. A legal heir/beneficiary (as per the will) is required to submit an application form for transfer of ownership, a copy of the will, a copy of probate order or letter of administration(LOA) original property papers, death certificate of the property owner, ID and address proof of the legal heir and deceased property owner. Once the sub-registrar is satisfied with the documents, the authorities will update the property records with the name of the legal heir/applicant concerned. At the end of the process, a legal heir should ensure that his/her name is reflected as the new owner of the property in the sub-registrar records and land revenue records, Municipality records. The construction of a building without a building plan approved by the competent authority i.e, the Municipal Corporation is considered unauthorized construction and attracts demolition on the direction of the Municipal Corporation. So, in the given situation, you need to transfer the title or ownership of the property that you acquired through testamentary succession and then apply for approval of the building plan to be made by a certified building planner or Civil Engineer to carry on the construction of your new house.
The first step in transferring a property to a legal heir's name is to either get the will probated or get letters of administration (LOA). Probate is a court-certified copy of the will. Once the probate of the will is done, the beneficiary will have to visit the office of the sub-registrar concerned with the relevant documents to get the property transferred in the name of the legal heir. A legal heir/beneficiary (as per the will) is required to submit an application form for transfer of ownership, a copy of the will, a copy of probate order or letter of administration(LOA) original property papers, death certificate of the property owner, ID and address proof of the legal heir and deceased property owner. Once the sub-registrar is satisfied with the documents, the authorities will update the property records with the name of the legal heir/applicant concerned. At the end of the process, a legal heir should ensure that his/her name is reflected as the new owner of the property in the sub-registrar records and land revenue records, Municipality records. The construction of a building without a building plan approved by the competent authority i.e, the Municipal Corporation is considered unauthorized construction and attracts demolition on the direction of the Municipal Corporation. So, in the given situation, you need to transfer the title or ownership of the property that you acquired through testamentary succession and then apply for approval of the building plan to be made by a certified building planner or Civil Engineer to carry on the construction of your new house.
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A.According to the Transfer of Property Act, of 1882 the property received by you will fall under the ambit of "Ancestral Property". Generally, the ancestral property has the share of all the legal heirs so any construction on the joint property can cause complications in the coming future. If you are the sole legal heir of the said property then new house plans will not attract any issues if made without violating any rules of the Municipal Corporation of your state.
In a situation where there are multiple legal heirs, it is suggested to get your share of the property by way of partition and then make any new permanent construction on the property solely owned by you.
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In a situation where there are multiple legal heirs, it is suggested to get your share of the property by way of partition and then make any new permanent construction on the property solely owned by you.
Thank You
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