By: Team Kanoonirai
Advice in Property Law

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Construction of house

by | 17 Jul, 2019 | Property Law

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My late mother (Hindu, d. 2013) has three surviving legal heirs – her widower husband (my father), her unmarried elder son (my brother), and myself (unmarried younger son); all Hindu. There’s a piece of non-agricultural land (meant for the house) registered in her name. Legal heir document is available in the name of us three.

  1. Can we construct a residential house on it?
  2. Is the transfer of title of the land (mutation) mandatory before initiating construction?
  3. Who needs to apply for building plan approval before the civic authority among us three?
  4. In whose name Electricity, Water etc. connections need to be applied?
  5. House once constructed, in whose name will it be, who’ll be its owner

Thanks in advance.

Question from: Tamilnadu

You did not mention that it was your mother’s stridhan or her self acquired property. However, you have mentioned that it is registered in your mother’s name. All of you are her legal heir. In the light of facts of your case, it is your mother’s property with absolute ownership.

Hence, you can construct a house thereon because, in the prevailing facts, you are her legal heir. Although, this is a non-agricultural land so no need to change the land use.

If you only want to erect a house, then you have first to partition the land. After the death of your mother, all legal present legal heirs have equal right in the property. Consequently, the partition of land among legal heirs is mandatory.

After the partition, you should mutate your portion of land in your name. The mutation is evidence to prove possession of the property. Then you got actual possession over the land. After the mutation, you can construct the house and entitled to get loan thereon.

If the land comes under the jurisdiction of the development authority, then its permission is mandatory. The development authority prepares a master plan and zonal development plan for the city. It also ensures that all development must be carried on under the master plan etc.

After the partition and mutation of land, you will become the absolute owner. Thereupon, you can get electricity connection in your name and you will be the owner of that house.

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