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chandrasekkhar (EX-SI)     04 October 2015

No objection certyificate

Sir, Dad had constructed a House. A gift deed was given to 2 brothers, They were constructed their houses on top and staying (I & II floors). Parking place of 30 sqyds was divided to 3(GF,I & II) in front of building. Ground floor, 30 sqyds in front and  place around the building was given to my Mother and me in WILL. Dad also clearly mentioned that the house (Ground floor) can be sold by mother or me (3rdson). House is in the name of my DAD still. Dad had passed away. We (mother/son) decided to sell house as there is no healthy relations with brothers. My doubt is NO objection certificate is mandatory in this case to sell ground floor or not?  (2) is it impossible to sell ground floor if they are reluctant to give NOC.



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 3 Replies

Kumar Doab (FIN)     04 October 2015

Are both of  the gift deeds registered? Has the gift deed been submitted to authority under whose jurisdiction the House falls e.g. MC to effect appropriate changes in title?

 

 

Is the WILL registered?

 

Apparently the WILL has not been effected!

 

If the WILL is not effected and brothers do not give NOC WILL shall have to be probated in court of pecuniary jurisdiction.If the WILL is valid the courts shall grant the probate.

 

 

You may show all documents on record to an able lawyer specializing in family/property/revenue/civil matters. The lawyer that has examined all docs on record can advise you the best.

 

 

chandrasekkhar (EX-SI)     04 October 2015

Thanks for reply. Here I clarify : (1) Yes, Both Gift deeds were got registered in their (brothers) respective names under appropriate jurisdiction/authority.(2) Yes, WILL was registered. However, I contact advocate, but My doubt is NOC is to be asked or directly sell Ground Floor without information to them as there is no talk even.

Kumar Doab (FIN)     05 October 2015

If Gift deeds are proper and valid then brothers are already legitimate owners of the portions.

 

The balance portion is given away by WILL.

Registered WILL fetches more reliance and may not be set aside.

 

It is not mandatory to probate the WILL in all cities except presidential states.

 

The authority under whose jurisdiction the house falls e.g. may ask that all ClassI legal heirs may sign the forms for transfer of ownership on the basis of WILL or to publish advert in 2 nespapers..............You may check  on your own.

 

Even if there is no talking terms the matter can be sorted out amicably on your own or thru elders of the family/neutral person etc...............

 

Or the WILL may have to be probated.

You need to find out the possibilities at your end and  may pursue what is possible and needful.

 


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