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Gaurav (product developer)     31 May 2010

Property problems

Hi,

I have inherited house of my father after his death.My siblings and my mother signed NOC before it got transferred into my name as per society records and later at the Vadodara Municipal corporation.Now due internal problems my siblings may cancel the NOC signed by them or they will take a stay order from the court that I will not be able to sell the property. Can they cancel the NOC or take an stay order from the court restricting my rights to use the property as per my free will. Please suggest because I have spent a lot on the maintenance of the property after the death of my dad one and half decades back and was supporting my mother and sibling thereafter.

Regards.

Gaurav

 

 

 

 

 

 



Learning

 3 Replies

m.kupparaju (Advocate)     31 May 2010

Hello Gaurav,

You have simply mentioned that you inherited the property after the death of your father.  Did your father died intestate? or bequethed the property in your name only.  Simply obtaining NOC from your mother and your sibilings while transfering the property in your favour will not curtail their rights and interest in the property because if your father has died intestate, then they will automatically become legal heirs of the property and they deserve equal share in the property.  Only way to acquire the entire property is executing the Partition Deed in the names of all the legal heirs and asking them to release/relinquish their entire share in the property in your favour by paying money to them as per prevailing makert vale, which  procedure will make you as a sole and absolute owner of the property. Failing to do so, your mother and siblings will have all rights to stay any sale transaction made by you and you will never become some and absolute owner of the property. Partition Deed and Release executed between the family members will be nominal only.

Gaurav (product developer)     02 June 2010

Thank you Mr.Kupparaju for your reply.My father died of cancer and he suffered from this disease for 3long years.But when he had incorporated my name in the society records he was well and wasnt suffering from any disease.Everyone in the family knew he was suffering from a terminal disease.In that case he had sufficient time to change the second name ie putting my mothers name or make a will.

Gaurav (product developer)     02 June 2010

In continuation to my earlier information, the co-operative society president told me that he needs NOC from my siblings to get it transferred to my name. Then he told me that I can now mutate my name in the municipal corporation and records.


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