Sudip Srivastava 14 January 2019

Rights on Property of Father

My father in law died in 2011, they are having one property. My wife is 3 sister and 1 brother. Now my brother in law and mother in law wish to sell property but they are not asking any NOC from my wife and her sister's. Can they sell property silently without taking NOC.

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10 Replies

Vijay Raj Mahajan (Advocate) 15 January 2019

If the property was self acquired and was in sole name of the deceased father in law the NOC of all the heirs including all sisters and brother along with mother required for selling the property. No sale will be allowed by sub-registrar without signature of all heirs in the Sale deed.

Sudip Srivastava 15 January 2019

How sub-registrar will know if they hide the information that 3 sisters is also there to claim

kavksatyanarayana (subregistrar/supdt.(retired)) 15 January 2019

After presentation of the document the Sub Registrar may ask about inheritance of property and if you tell that there are no other legal heirs, the document will be registered. so it is your risk.

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Vijay Raj Mahajan (Advocate) 15 January 2019

You must in writing inform the Sub-registrar that the heirs of deceased person include 3 daughters and unless they also sign the sale deed it should not be registrated at the office of the Sub-registrar.

Shashi Dhara 15 January 2019

If Ur father in law died intestate then all of u have equal share . It must be self acquired property. U go and approach civil court file suit for partition and take stay not to alienate it until suit proceedings is closed.the suit will take for 20 yrs to finish If they challenge.

Sudip Srivastava 15 January 2019

Its means, if they hide the information in front of sub registrar that there is 3 more claimants of property. They can transfer the deed but In my view its fraudulent activity for hidding the fact and misleading the office of registrar.

Sudip Srivastava 15 January 2019

G.L.N. Prasad (Retired employee.) 15 January 2019

If you suspect any foul play, do not wait till that minute and issue a legal notice seeking partition.

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P. Venu (Advocate) 15 January 2019

If your father-in-law had died intestate, the property is jointly vested with all the joint heirs, viz. his wife and children. Any conveyance executed by some among the joint holders is voidable. Your wife has the option to file a suit for partition, if situation so warrants.

Aks 19 January 2019

If your father in law left a Will then his property will be given to ones he gave in his lat will. If there is no Will, all legal heirs have equal right to his property.