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renjith (xxx)     07 December 2013

Disputes regarding the property rights

My grandmother had given her property to my father in a registered deed. She has 5 other daughters as well. All of them were convinced with her decision and agreed to that orally as he is only son and the youngest one. Recently my father distributed the same property to myself and my brother and the same also is registered deed. My father passed away recently. There was one old house in the same property which I and my brother want to demolish and want to create another house. Down the line, 2 of my father's sisters developed some disputes with us, started telling that they can get a stay and they have the right on the same property.

I would like to know whether any one of my father's sisters can get a stay if we are demolishing the old house existing in the property?

Also there were no 'No objection' signatures of them in the registered deed of my grandmother. Is it required to have the same? Since it is not there, whether anyone of my father’s sisters has rights in our property or whether they can claim it?

Expecting your reply and please advice. Thanks in advance.



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 6 Replies

Laxmi Kant Joshi (Advocate )     07 December 2013

if the whole property was in your grandmothers name and by making registered sale deed she had given it to her younger son by taking noc from her daughters and now if the daughters claim their share in that property , their claim will be challanged in the court that the owner of that property was your grandmother and she had all rights to sell her property on her own .

Adv Archana Deshmukh (Practicing Advocate)     07 December 2013

If your grandmother was the owner of the property then,  noc of her daughters is not necessary for any transfer by her and the transfer made by her in your father's favor is legal.

T. Kalaiselvan, Advocate (Advocate)     07 December 2013

Your grandmother settled her self acquired property in your father's favor and for that she obtained her daughter's NOC also.  Legally, your father has full rights over the property and upon his departure from this world, the property automatically devolves upon all his legal heirs which includes your mother also except his self acquired property which he disposed off during his life time.  Your paternal aunts cannot stake claim over the properties now and their claim can be repudiated legally.  But morally, if they are in dire economic conditions and seek your monetary assistance, as if your father was alive and had taken care of his sisters, it may be your moral duty to render some assistance to them, but it depends on the circumstance prevailing in your place.

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renjith (xxx)     08 December 2013

Thanks a lot for the advise and information.

I have few more clarification and a small correction in the previous request,Kindly advise.

My grandmother is the owner of the property and My grandmother had given her property to my father in a registered deed.

My grandmother didnot gather any noc from her daughters.

Recently my father distributed the same property to myself and my brother and the same also is registered deed.

I would like to know , is that necessary to get noc of my father's  sisters? If not whether they can demand any claim in the property,if we are demolishing the old house existing in the property?

renjith (xxx)     13 December 2013

Thanks a lot for the advise and information.

I have few more clarification and a small correction in the previous request,Kindly advise.

My grandmother is the owner of the property and My grandmother had given her property to my father in a registered deed.

My grandmother didnot gather any noc from her daughters.

Recently my father distributed the same property to myself and my brother and the same also is registered deed.

I would like to know , is that necessary to get noc of my father's sisters? If not whether they can demand any claim in the property,if we are demolishing the old house existing in the property?

T. Kalaiselvan, Advocate (Advocate)     14 December 2013

Renjith,

Once your grandmother settled the property by a registered deed which was in the knowledge of all her siblings that time, and the same was acted upon by your father, who took possession and had been enjoyment till his death after which it was arranged to be devolved upon you and your brother, all of them are in line and legal, about your paternal aunts'' claim of share in the property now is not valid and not binding by law. You have full rights to demolish/dispose as per your desire. You do not have to obtain any NOC from your aunts.


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