Our father, vide an “Unregistered WILL”, gave Property A (Self acquired) to my sister and Property B (inherited by him - Originally owned by my Grandfather i.e father’s father) to me.
Based on a NOC given by me, my sister got the mutation of Property A done in her name.
Since my sister lives in USA, she also gave me her NOC, after getting the same attested by the officials at the Indian Embassy in Washington DC before sending it to me for transfer of Property B in my name. This NOC was then certified by the Collector of stamps for payment of specific Stamp Duty in Delhi. As one of the points,the NOC states, “That the deceased had left behind the following heir including myself under Hindu Succession Act, and their names….. etc.”
Accordingly, the land holding authority (L&DO in this case) has substituted/transferred the lease in my favour. And MCD has also done the mutation in my name.
Suddenly, my sister, after 2 years, is now asking me to give her a Relinquishing Deed and have the same registered.
I am personally not very comfortable with her demand and smell some malafide intentions. Therefore, may I please request for advise as follows:
1)Is the above stated process followed by me to get the Property B transferred/Substituted as per law or can it be challenged in the court of law?
2)Can my getting a NOC from her be considered as a possible case of obtaining it by coercion /duress /forgery or as such can the NOC be withdrawn?
3)Can the actions taken by L&DO and MCD be challenged?
4)Should I still go in for a Family settlement or a Relinquishing deed so as to safe guard myself from any future complications?
5)Finally, what is the best way to safe guard me and my legal heirs’ interest for the future?
Is your sister asking for relinquishment deed in respect of property B ? Have you registered the property B in your name and started paying revenue, electricity bill etc.
Is the current market value of property B greater than A?, answer to these queries would help provide a suitable answer.
No,my sister is not asking for relinquishing deed in respect to Property B. She wants it for Property A
Yes, the Property B stands in my name in the books of land holding authority (L&DO) and MCD to whom I am paying Lease and Property Tax. Additionally, the electricity meter is also transferred in my name and I pay the charges.
Yes, the current market value of Property B is more than that of Property A..
Having said that, my basic question is..
Is the above stated process(i.e. attestation by the officials of the Indian Embassy and Stamping by the collector of Stamps and transfer based on an NOC etc.) followed by me to get the Property B transferred/Substituted as per law or can it be challenged in the court of law?
The property B is yours and cannot be impeached except on the ground that the will vide which the property was given to you by your father was not made voluntarily and is vitiated due to lack of a free consent.
Therefore, may I now request you to please reply to my 5 questions, point by point, as stated in my 1st message.
Regards
Shanta
Ps. How do I establish that the WILL was made voluntarily and is not vitiated due to lack of a free consentcept ? Is the NOC not an acceptance to the WILL?
what is this term of lease in between your problem
Accordingly, the land holding authority (L&DO in this case) has substituted/transferred the lease in my favour. And MCD has also done the mutation in my name. So, give clear pricture abouta your problem please . Then I will agive correct suggestion
All that I wanna know is, whether my sister can impeach Property B which is now in my name under the Hindu succession Act as it was inherited by my father before giving it to me vide an unregistered WILL? Though, before the same being transferred to me, my sister did give an NOC to this effect
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