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Jay (NA)     08 October 2012

Share on developed property by brother

My grandfather has 2 legal heirs My father and aunt. In that My father  has developed a particular land and constructed a shopping complex by his own earnings. Does Aunt have any Rights to claim on developed property (Shopping Complex) when father is ready to give another ancestral land

 

All records has been transferred on my father name in 1998. and all 7/12 and 8A utaras on father name since 1998. Now my aunt is asking share in that property after 10-12 years. she dont take any objection when we are constructing property. All property set in 2008. laterin2009 she filed case for her right in grandfathers property. In between  in 1998 she gave NOC and all grandfather property transferred on my father's name and  after 1998 to 2005 they developed land and constructed buildings with my father's own earning. now she is asking her share in that developed property. Please help. Is she have any right on that developed property as she did not gave stay when we are developing property?



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 4 Replies

Anish Thakur 7018812737 (advocate)     08 October 2012

dear querist ,

any co sharer have full  right over the property no matter it is developed by one co sharer if developed without the consent and partition ,however you have strong defence of family partition if you want to give them other ancessotral property otherwise you can also take defence of doctrin of reliquishment ,consult expert family/property lawyer or feel fre eto call if you has left any query

S Jadhav 98336 98330 (Jadhav & Associates)     08 October 2012

Please provide details as to where the property is located and what are the details of the NoC given to your father. The NoC can be given just for the purpose of transferring the 7/12 extracts in the name of your father. Your aunt may not have relinquished her rights because if she had done so then she would be unable to make a case for a rightful share of property.

S Jadhav

1 Like

Jay (NA)     12 October 2012

She gave NOC stating - She dont have any issue to transfer all property on my fathers name.. But NOC is not registered.

Anish Thakur 7018812737 (advocate)     12 October 2012

jay thats sufficient to proof that she had reliquished her right over the property so she can not claim any thing,feel free to call


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