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Mrs . Shanta Rani (Housewife)     07 April 2012

Adjudication of noc- is it valid legal document?

We are 2 Sisters.

Our father, vide an “Unregistered WILL”, gave Property A (Self acquired) to my sister and Property B (inherited by him - Originally owned by my Grandfather i.e father’s father) to me.

Based on a NOC given by me, my sister got the mutation of Property A done in her name.

Since my sister lives in USA, she also gave me her NOC, after getting the same attested by the officials at the Indian Embassy in Washington DC before sending it to me for transfer of Property B in my name. This NOC was then certified by the Collector of stamps for payment of specific Stamp Duty in Delhi. As one of the points,the NOC states, “That the deceased had left behind the following heir including myself under Hindu Succession Act, and their names….. etc.”

Accordingly, the land holding authority (L&DO in this case) has substituted/transferred the lease in my favour. And MCD has also done the mutation in my name.

Suddenly, my sister, after 2 years, is now asking me to give her a Relinquishing Deed and have the same registered.

I am personally not very comfortable with her demand and smell some malafide intentions. Therefore, may I please request for advise as follows:

 1)   Is the above stated process followed by me to get the Property B transferred/Substituted as per law or can it be challenged in the court of law?

2)   Can my getting a NOC from her be considered as a possible case of obtaining it by coercion /duress /forgery or as such can the NOC be withdrawn?

3)    Can the actions taken by L&DO and MCD be challenged?

4)    Should I still go in for a Family settlement or a Relinquishing deed so as to safe guard myself from any future complications?

 

5)    Finally, what is the best way to safe guard me and my legal heirs’ interest for the future?



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