RE: WILL/PROPERTY
Vikas
(Querist) 21 April 2011
This query is : Resolved
“IF A SON HAS THE PHOTOCOPY(ONLY PHOTOCOPY,NOT THE ORIGINAL)OF THE NO OBJECTION CERTIFICATE,WHICH IS SIGNED AND ACKNOWLEDGED BY THE DAUGHTER STATING THAT SHE DOES NOT NEED ANYTHING IN THE FATHER’S SELF ACQUIRED PROPERTY. AND IF STILL AFTER THE NOC DAUGHTER AND SON IN LAW ARE PRESSURING THE FATHER TO GIVE 50 %”.
SO,NOW I WOULD LIKE TO ASK THE FOLLOWING:
A.IS THERE ANY ADVANTAGE FOR THE SON OF THE NOC SIGNED BY THE DAUGHTER REGARDING THE FATHER’S SELF ACQUIRED PROPERTY?
B.WHAT ACTION SON COULD TAKE AGAINST THEM (SISTER AND SON IN LAW) THROUGH COURT OF LAW FOR PRESSURIZING THE FATHER?
Pls. reply asap.
Thks,
Parveen Kr. Aggarwal
(Expert) 21 April 2011
If the property is self acquired property of the father and the father is alive then the NOC is not enforceable either against the father or against the sister.
R.Ramachandran
(Expert) 21 April 2011
It is fault on the father of the father. If it is his self-acquired property, he has every right to do whatever that he wants to do with his property. Nobody (including his wife, son(s) and daughter(s) etc.) can make any claim or demand any share, leave alone 50% share from his personal property. When the daughter has no claim whatsoever in the self-acquired property of her father, the question of her giving (there is no need at all) any No Objection Certificate does not at all arise.
THE FATHER HAS TO FLATLY REFUSE TO GIVE ANY SHARE WHATSOEVER TO WHOEVER DEMANDING THE SAME. If he does not do so, then he is to be blamed. So long as the father does not part with his property to anyone, the court has no role to play. It is for the father to manage his affairs.
Guest
(Expert) 21 April 2011
The son does not have any right to proceed against his sister, as neither NOC by the sister has any meaning till the father is alive in the case of self acquired property of father, nor sister and you have any right to claim any part of the property during his life time. The father can retain or sell or dispose of in any other manner his property at any time. He can even voluntarily gift full property to your sister or brother-in-law, what to say of 50% of that even if you raise any objection.
The question of yours or your sister's right can arise only after the death of your father, if he leaves the property without any will.
Further, even after death of the father, any photocopy of the NOC would not be legally valid in the absence of the original copy of the NOC.
