Property registery
MUKESH
(Querist) 08 May 2013
This query is : Resolved
Dear All,
Hello i've a query regarding the Property by my grandfather's name and my grandfather has 3 daughter and 2 son. my grandfather and grandmother has died and recently my father and my uncle(father's brother) got the NOC from all of my Bhua Through court. and they have given the NOC that they don't have any interest in their father's property so my question is that so how can we got the registration of our property by my father and my uncle's name. and the property is in Jaipur so please suggest.
Thanks
Advocate Ravinder
(Expert) 09 May 2013
No need of changing. Immediately on the death of your grandfather, the property devolves on all the sons and daughters. as your bhua have given NOC, now only the two sons have right. As this is ancestral property, after deducting the shares of their children (including you) the remaining shares they can sell to anybody.
prabhakar singh
(Expert) 09 May 2013
Just because property came from grandfather
in hands of sons,the grandsons as well as grand daughters have become co parceners by
virtue of law for which no registration is needed.You can claim your share from your father by partition(on his denial can file even suit ) but this exercise shall be proving costly because you would able to claim only in your father's share not in bhua share as NOC must ,i guess, would be in his name while after death of your father you shall get whole.Then wait with patience.Do not be so much anxious about inheritence rather think of creations,the things you need to do in life.
MUKESH
(Querist) 09 May 2013
Dear sir,
As i've mention that my Bhua has given NOC and we have the court's paper for their NOC and its been very long time when my grandfather and grandmother has died. it has almost around 10 year and i wanted to know that if my uncle do not want to sell the property so how my father can get his share without register of the property in Registrar office and get the property's LEASE or Freehold paper of the property please advice me.