Who Will Inherit The House To Be Construct On the Land?

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) reg... Read More

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 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.
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Answer (1)

Arshi Noor

Arshi Noor

  • Sector-1, Noida

1. Yes, you can construct the house on non-agriculture land.

2. Yes, the mutation is required. Documents required for the mutation in case of inheritance or Will are as below;

a. Death Certificate

b. Copy of Will or Succession Certificate

c. Indemnity bond & Affidavit

d. Latest Property Tax paid receipt

e. Copy of Sale Deed etc.

3. The person whose name property will be registered by mutation.

4. Everything will be applied in the name of the registered person.

5. Registered person is the owner.

Still not confirmed with the information may be our expert family law lawyer in India help you.

Answered on 19 Jul 2019


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