Mothers property
Murali
(Querist) 20 October 2014
This query is : Resolved
We are 2 brothers and 2 sisters. I am one of the daughters.We have one house and 2 acres of land. All the property is in mothers name and Nominee is My Father. My mother expired. Can my transfer the property in his name without no objection certificate from daughters. Can he write a will saying that 2 of his sons are legal heirs of the property.
Actually my father promised daughters that, he will give 1 acres to each of us and house will be given to sons. But now he changed his mind and want to give all to his 2 sons.
Do Daughters have any right in such case. Can my father write will saying that his sons are legal. As a Nominee, can he have all legal rights on the property.
Do my father need NOC from his daughters are not required.
Can you please help me out
Anirudh
(Expert) 20 October 2014
Unless your mother had written any WILL in favour of your father, your father cannot get the property transferred in his name. Even a NO OBJECTION CERTIFICATE from the daughters is not sufficient to effectthe transfer. WHOEVER (in this case the daughters) has a share in the property left behind by your mother has to give a Registered Relinquishment Deed relinquishing their share in the property. ONLY IN THAT EVENT, the property can get transferred to other person and not otherwise.
Since you daughters are fairly certain that your father has other intentions, you can send a legal notice asking for partition and your share (all of you are entitled for equal share). In case he does not do so, then you have to immediately file a suit for partition.
Murali
(Querist) 20 October 2014
Thank you very much for the reply. My Father is saying that, as I am nominee and paying the taxes, I have all rights and no need for any NOC from the Daughters. Earlier he was saying that he needs my signature but now he is saying that, as a Nominee, the property can be transferred on his name without anybody signature
He is saying that, I have already written the will and the legal heirs are his two sons
Does Nominee, means all rights and can they manipulate as we dont have any house documents. It is all with my father. What action we can take from our side as we dont have documents with us.
Rajendra K Goyal
(Expert) 20 October 2014
You can file case of partition for the property belonging to your late mother.
Anirudh
(Expert) 21 October 2014
Nominee does not mean that he owns. Rather he is bound to distribute it to the legal heirs.
ajay sethi
(Expert) 21 October 2014
agree with MR Anirudh . please note that nominee is only a trustee for other legal heirs . file suit for partition as advised
T. Kalaiselvan, Advocate
(Expert) 22 October 2014
There is no question of nomination for the immovable property. It is unknown to law. If you cannot tolerate your father's behavior in this respect anymore, you may send a legal notice for partition and allotment of your legitimate share out of your mother's intestate property and subsequently you may file a partition suit to if he is not responding properly.
Murali
(Querist) 22 October 2014
Thank you very much for all you guidance. One query, as I dont have Original Documents with me, how to approach.
What important Documents I need to procure to file.
Kumar Doab
(Expert) 25 October 2014
Approach a local lawyer handling such/revenue/civil matters and obtain certified copies of the property documents from SRO/Patwari.
Your lawyer would know how to get everything.
Murali
(Querist) 27 October 2014
I am very thankful to all of you in helping me and clarifying all my doubts.
Thank you and will approach you guided
