Raj (Administrator) 22 November 2011
My mother passed away in 2001. My brother , sister & myself gave our NOC for the transfer of the flat in our fathers name through transmission.
My father expired recently & as per his registered will, he has left the flat for my bro & sis as I had seperated from them some 20 years ago.
Now the Chairman of the CHS & my contention is that my mother died without a will and my dad was only the nominee. So I have equal share in the flat and he has no right to will the flat. Am I right or wrong ???
Advocate Vishnu (Advocate) 22 November 2011
Was this mutation for revenue records only..?
If yes then the property of your mother will be devolve on all her legal heirs.( husband+ 3 children - so each of you are entitled to 1/4 of the property). Now your father's will is deemed applicable only to the extent of his share.so his 1/4th share can go to our brother and sister. So you still are entitled to 1/4th of the property.
If you have given a relinquishment deed , then you do not have any say on the property.
Advocate Vishnu (Advocate) 22 November 2011
Was this mutation for revenue records only..?
If yes then the property of your mother will be devolve on all her legal heirs.( husband+ 3 children - so each of you are entitled to 1/4 of the property). Now your father's will is deemed applicable only to the extent of his share.so his 1/4th share can go to our brother and sister. So you still are entitled to 1/4th of the property.
If you have given a relinquishment deed , then you do not have any say on the property.
Raj (Administrator) 22 November 2011
"We herewith relinquish all right, title and interest in favour of ...." are the words in the Affidavit for NOC which was notorised.
Advocate Vishnu (Advocate) 22 November 2011
Dear Raj,
Did you receive any money consideration when you signed this relinquishment deed..?
Raj (Administrator) 22 November 2011
we did not get any money.
Advocate Vishnu (Advocate) 22 November 2011
Dear Raj,
You may contest, but I am not sure of its outcome.
Raj (Administrator) 22 November 2011
Thanks Buddy
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