Share in mother's property after her death
sudhakar
(Querist) 19 April 2014
This query is : Resolved
Hello sir
V r 3 daughters and our father r left after our mother passed away in year 2011.our mother is owned 2 plotes at different places.
Recently ( jan 2014)one of younger sister and her husband came to me and requested to sign in an NOC paper due to their financial problems. But later came to know that they don't have any problems.
But as per my knowledge they bought an stamp paper with 20rs Franklin done.the title of document line was no objection certificate, to transfer property and mentioned the two properties scheduld which r in my mother name .
How to cancel the above signed document and to get my share.
Plz advice
Thanks in advance
R.V.RAO
(Expert) 20 April 2014
send a lawyer notice first ,failing which file a cheating case, as an attempt was made to rob you of your property share.but you need to prove by way of evidence that your sister's family is well off.
apart from NOC,which you have already signed, an affidavit is also required from all other legal heirs, that they are assigning /surrendering the rights in the property, in favor of one of the sisters, without which property registration cannot take place.
P. Venu
(Expert) 20 April 2014
Perhaps, the contents of documents, if any, registered could be verified.
ajay sethi
(Expert) 20 April 2014
you ought not to have signed NOC for transfer of property in your sister name . find out whether said property has already been transferred or not . if it is not yet transferred send a letter to your sister that NOC was obtained under false pretenses and that you are with drawing said NOC .
since you have not executed any Deed of Relinquishment you continue to be 1/3rd owner of property
T. Kalaiselvan, Advocate
(Expert) 21 April 2014
I agree with the opinions of experts above on the subject issue. A mere signature on a stamp paper will not convey your decision to relinquish your rights in the property, it has to be registered in registrar office, wherein you have to sign before the registrar and your photo to be affixed in such a deed, etc., it involves lot of formalities, however if a person who has decided to play fraud, he will go to any extent to defraud his victim, so it is better to obtain an encumbrance certificate from the registrar office, verify the encumbrance details, issue notice to your sister as advised by others, finally file a partition suit seeking your share in the property.
