LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


(Guest)

Land transfer

hi,

my grandfather purchased a land in May-1988 and has passed in July-1988 without any WILL. Till date its my father who is in possession of the land. However, now my father wants to get the land registered on my Sisters Name and for this purpose he has approached his sisters asking to give NOC for transfer of the property. 

They have informed that they are not ready to provide an NOC and even informed that they will not interfere in the possession of the land or in any of the matters and informed my father to do whatever he likes. 

Please let me is there any procedure to get the land registered on my sister's name without any legal issues to my father. 

Thank You

Best Regards

Anil Srinivas



Learning

 8 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     03 July 2024

As it is ancestral property, all the legal heirs of your grandfather shall relinquish their rights over the property in favour of your father.  If they do not agree to execute a release deed, it is better to do a partition deed among all your grandfather's legal heirs.  Then only your father can do his share as he wishes.

T. Kalaiselvan, Advocate (Advocate)     03 July 2024

It is not ancestral property but self acquired property of your grandfather and upon his intestate death the property devolves on all his legal heirs. 

Your father is one among the legal heirs and entitled for his share alone. 

He cannot force or compel his siblings to relinquish their rights in the property in his favor. 

If they are not willing to give NOC then he can offer to purchase their share in the property for valid consideration amount. 

If they are not cooperating then he can file a suit for partition and separate possession of his rightful share in the property. 

The long time possession of property will not entitle him to knock off the rights of his siblings in the property. 


(Guest)

Thank You Sir for your response/reply...

Dr. J C Vashista (Advocate )     04 July 2024

The only option with your father to file a suit for partition, possession and permanent injunction against your bua (sisters of your father) if they do not relinquish their share in the intestate property of your grand-father or issue NOC and/or agree for partition, sale, transter or any other mode.

Anil Srinivas   04 July 2024

Dear Sir,

we already have temporary injunction order and waiting to get permanent injunction order.

with permanent injunction order can we get land registered?? Please advise.

thank you 

 

T. Kalaiselvan, Advocate (Advocate)     04 July 2024

Permanent injunction will be ordered by court only at the time of disposal of the suit, hence you may have to wait for the dispsoal of the case in your favor and then for the appeal period to expire after which you can get it registered 

P. Venu (Advocate)     04 July 2024

"we already have temporary injunction order and waiting to get permanent injunction order. with permanent injunction order can we get land registered??" Further posting suggest deeper issued beyond the facts you have originally posted. Please post complete facts.

Dr. J C Vashista (Advocate )     06 July 2024

Seek opinion and advise of the lawyer engaged by you, who is well aware about facts and circumstances of the case, intelligent enough and paid/ duty bound to satisfy your queries.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register