Home | Legal Advice | Property Law | Construction of house

Construction of house

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.

Lawyer’s advice

Tenant has promised to clear the dues shortly

I rented my house in March 2021 through a rental agreement. Police verification was done at that time but I couldn't collect the same because of being out of Station due to Corona. Now the man of property dealer who had dealt with this case has all of sudden left the...

Tenant has not been paying rent – Eviction of tenant

My tenant has not been paying rent since November 2019. I am a 68 year old person from Visakhapatnam. I gave my shop on rent to a person for tailoring. He paid the rent for the last time in Aug 2019 through phonepe. From Nov 2019 he stopped paying current bills also....

Tenant owns a house in the same city: Eviction of tenant

Question: Our father had purchased three houses together in a colony, more than 50 years ago. Two on the ground floor, in which we were already living there on rent. And One house is on top of these two houses. A tenant family was on rent, the time we purchased it....

Builder is missing how to file a complaint against him?

Question: The Builder is not present at his place of residence therefore the summon has not been served upon him. How to file a complaint against a builder who is missing from his address? A complaint petition was lodged to RERA, ASSAM against Promoter vide Case...

Limitation period for cancellation of probate

Question: I want to file a case for the cancellation of probate. The district court has granted the letter of administration in the course of probate proceedings. The executor of the will did not make me a party in the probate proceeding. Therefore, I could not have...

Kanoonirai established in 2014. It provides a facility to consult a lawyer through online media, telephonic consultation and video conferencing.

Contact

mail[at]kanoonirai.com
+91-91400-4[nine][six]54