Legal Question in Real Estate Law in India
My mother desired to know that:
My father had given a plot to me by "Registered will" in my favour. We are one brother and one sister. They are not having any objection to this WILL. My husband is a allottee of Janta Flat in 1981. On the basis of this "Registered will" which is in my favour. Can I get the plot mutated in my name from DDA Delhi and execute the Lease Deed. As per guideline book (available at counter) of DDA mutation on the basis of "Registered will" is permissible. But it is silent on clause of "if (husband or wife) is already having property in their name" . DDA Staff says as your husband is a allottee so you can not get it mutated in your name and execute lease deed. Is this is true?
2 Answers from Attorneys
You should be entitled to seek transfer/ mutation of property in your name even if your husband may be an allottee of another flat. The rule to the contrary, if any, appears to be unreasonable and may be challenged.
as per DDA rules, your husband is not entitled to hold more than one plot/flat of DDA and the authority is well within its right to refuse the mutation and also has power to cancel the second allotment in the name of your deceased husband.
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