You don’t have any right on land as per your uncle will
According to my uncle's will first floor rooms are for me and my brothers and ground floor and land for our cousins do we have any right on land ?
How can consider a room in air with out Basement on land It is testators intention considered
Was land in your uncle name
if he was absolute owner of land he is at liberty to bequeath land as per his will
If that property is belongs to ur father also .. then you will get equal share of the property ownership..
All owners will have sharing ration according the Built-up constructed flats/Building on the plot.
For e:g if its Stilt construction building of 3 Floors and all three floors has different owners than all owners will have shares in the plot area according to their flat sq ft ratio.
The first floor or the above floors did not come into existence on its own, if the ground floor occupant would like to demolish the ground floor then how can the occupants of the floors above will survive, hence the occupants of all the floors have a right in the floor beneath the structure.
Whether the testator had specifically mentioned about a share in the land beneath the structure to the occupants of the floor above ground floor or not, it is implied that occupants of first floor and above have equal rights in the land underneath
A will is a legal document that expresses the wishes of a person regarding the distribution of his or her property after death. A will is valid only if it is made by a person who is of sound mind and free from undue influence, fraud or coercion. A will is also valid only if it is attested by two or more witnesses who are not beneficiaries under the will.
In your case, since your uncle’s will has given you and your brothers the first floor rooms and your cousins the ground floor and land, you have to respect his wishes and abide by his will. You do not have any right on the land unless your uncle has given you any such right in his will or by any other means. However, you have some rights as the first floor owner, such as:
I do admit he had the right to do as he wished he was the sole owner of the property, The will should be considered as a whole. We actually have a conditional legacy we had to pay 7.5 lac to another person and we had. If we don't pay The person could attach our share in the property In the will it is mentioned all to get entitlement Room is a part of building and building is a part of land. So if testator given us rooms his intention is Give us some land portion also.If not, he would have Mentioned there is no right on land and if by any means there is no building nothing there for us No-one can build a room in air without a basement on land While interpreting a will The first thing of consideration should be the Intention of testator
You have not been bequeathed any undivided share in land
2) will is clear and unambiguous
3) ground floor and land has been bequeathed to cousin only
You are right in your understanding.
You are entitled to a share in the land underneath the structure.
If someone objects to tht you can file a suit for declaration of title to your entitled share in the land underneath the building on the same logic and reason what you have discussed
Sir/Madam,
You seems to be confused a bit. The intention of the testator is to avoid any confiict and that's why he gave right of land to other person and rooms at ...floor to other portion i.e.you. It does not mean that you may reach to proeperty in air. Rather, you may use the land in restricted way, i.e. parking, entrance etc. but cannot make any permanent construction.
Greetings of the Day,
I have read your issue but find that there are some facts which need to be clarified. You can approach on either nine two one two one two four five eight five or seven zero four two eight three three six eight six for personal approach.
We Hope that a personal consultation would be fruitful to the issue and it would be better for you to talk to someone directly.
Best Regards
SPS Law Chambers
New Delhi.