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Share in ancestral property...

(Querist) 09 April 2014 This query is : Resolved 
My grandfather died in the year 2003 leaving 1.19 acres of agricultural land in his ancestral village in West Bengal. His name is still recorded in the Land Records department of that area. He died leaving behind his wife, two sons and a married daughter. His wife died in the year 2013 and his younger son died in the year 2011 (leaving behind his wife, me and my brother). Now, there are 5 claimants in total.

Both the son and the married daughter of my grandfather live far away and are not interested to come and claim their shares. I want to use the land for my own agricultural business purpose; hence I decided to make some legal documents so that I can get my name mutated in the land records department and become the sole owner of that agricultural property. The following is the list of those documents :

(1.) Succession/Legal heir certificate from the Ward Commissioner of our municipality.

(2.) ‘Notarised’ No Objection Certificate (N.O.C) from all the other legal heirs, forfeiting their respective claims from this land property.

If any other document is needed for mutation then please rectify and inform me as soon as possible.
ABDUL RAZIQUE (Expert) 09 April 2014
If both the share holder not interested to take share from land then it is necessary to do a declaration or transfer their share to their choice person otherwise their share will be lay down in the property.
by your name faith is not disclose here so share of property not be able to mention.
Notarised objection is not valid in the matter of property.
Rajendra K Goyal (Expert) 10 April 2014
We presume your grand father was a Hindu died intestate.

Notarized NOC would not be valid, either get relinquishment deed or gift deed duly registered.
Advocate. Arunagiri (Expert) 10 April 2014
You have to get the NOC in the proper format called relinquishment deed and register it. You can bring in all the legal heirs in a single document and get it registered.
T. Kalaiselvan, Advocate (Expert) 11 April 2014
I agree with the experts opinion that the release deed needs to be registered before a registrar.


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