Noc of legal heir
Tarun
(Querist) 10 February 2015
This query is : Resolved
Hi,
We have a flat in a co-operative Society of our Brother who died Inestate as a Bachelor. We have now taken the NOC of the legal Heirs as per Hindu Succession Act 1956.
However one legal heir whose share is about 4% in the entire flat is not willing to cooperate and sign despite we giving the share. We need to understand that is there any way where we can go ahead and put a claim on the flat without the said legal heir.
Kindly advice.
Thanks.
P. Gangwani.
Dr J C Vashista
(Expert) 11 February 2015
What does the non-cooperating LR want?? Discuss the issue and resolve the same amicably. Since the person has a share, you can not avoid/evade. If still unsettled, file a suit for partition through a local lawyer.
Tarun
(Querist) 11 February 2015
Dear Sir/Madam,
Thank for your reply.
what is the process of filing a suit for partition and approximately how much time does it take?
Thanks.
P . Gangwani.
Rajendra K Goyal
(Expert) 11 February 2015
Partition suit may take 2-3 years or more. Consult local lawyer.
ajay sethi
(Expert) 11 February 2015
it would depend upon the pendency of court cases
Tarun
(Querist) 11 February 2015
Because 1 Legal Heir is not giving NOC, co-operative society is asking for succession certificate.Can we approach the Registrar in this situation and can we keep the share of the Legal Heir which is 4% in an escrow account and move on.
kavksatyanarayana
(Expert) 11 February 2015
succession certificate should be given by the court only. follow the directions of Expert Dr.jc vasistha sir.
T. Kalaiselvan, Advocate
(Expert) 13 February 2015
If one of the co-sharer is not willing to partition the property, then best thing is to approach the court of law with a partition suit. Take the help of a local lawyer and proceed.
prabhakar singh
(Expert) 13 February 2015
In the circumstances you have only a partition suit is the remedy.
