Doughters property share

sunil kumavat (Querist) 03 March 2015 This query is : Resolved
One of my friend has property of her grandfather at sonipath haryana. her grand father expired in 2004 and father expired in 2007. after this her Bua ( father's sisters -4) had sold their share of property in 2008 without informing her mother and her sign for sell of their share of property.

now the dispute is going on ,on the 1/5th share of the property that her mother wants to take NOC FROM ALL HER CHILDREN ( 2 brothers and 4 daughters) but she is not sure that after giving NOC to her mom she will not give her share of property to her and will give the share to her 2 brothers only. as her brothers force her to give noc to her mom and telling her to leave the share of property to them only.

as her other sisters are not that much capable of resisting her brothers and mom may give noc. and it may happen that they will not take her noc and transfer the share of property to her mothers name .but she wants her share of property. in such situation what should she do to protect her share of property.

and if they tranfer the share of property to her mothers name without her sign . what can she do .

please advice

Follow Query

Report Abuse

Anirudh (Expert) 03 March 2015
1. The bua's of your friend, for selling their respective share in the property need not take the signature of your friend's mother.

2. Now coming to the share of your friend. She can protect her interests in the property by the following ways:
(i) by not giving any NOC in favour of anybody.
(ii) by openly asking in writing for her share in the property.

3. The question of the entire property (including the share of your friend) getting transferred in the name of your friend's mother on the basis of the NOC given by her other sisters is not at all possible. At best, only the shares of those persons who give NOC (in fact it should be registered relinquishment deed not simple NOC) will get transferred to the name of your friend's mother. Your friends share will remain in tact, so long as she does not give any relinquishment.

4. In any case, if your friend is really interested in protecting her interests, then she should be hold enough to do the points mentioned at (i) or (ii) in point 2 above.