Inheritance of parental property

meenu (Querist) 18 October 2013 This query is : Resolved
Hi, My father died in the year 2002.My brother & myself r the claimat of the deceased property. I m married. My brother is forcefully staying at my father's house since my father death. Will he cn change the ownership of the house which is in my fathers name without taking NOC frm me.

Need yr guidance regarding this..

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ajay sethi (Expert) 18 October 2013
no he cannot change the ownership of house without your consent . since your father die intestate you and your brother are legal heirs to the property . you can file suit for partition if you so desire

Ms.Nirmala P.Rao (Expert) 18 October 2013
He has to take your duly executed relinquishment Deed of your 1/2 share in your father's house property in order to get the property transferred in his name. File a suit for partition and possession of your 1/2 share in the property after getting issued a Legal notice to him demanding your 1/2 share ETC failing which you can file a partition suit.Please press the Thank you button on my profile.

Devajyoti Barman (Expert) 18 October 2013
No, he can not. In any case if there is any attempt from his end, you can file suit for partition of the property.

Ms.Nirmala P.Rao (Expert) 18 October 2013

He has to take your duly executed relinquishment Deed of your 1/2 share in your father's house property in order to get the property transferred in his name. File a suit for partition and possession of your 1/2 share in the property after getting issued a Legal notice to him demanding your 1/2 share ETC failing which you can file a partition suit.Please press the Thank you button on my profile.