PROPERTY LEGAL HEIRS ISSUE PENDING BEFORE COURT

This query is : Resolved 
 

(Querist)
27 December 2017

Good evening, My wife\'s father was expired and all 2 brother and sisters and mother have applied for legal heir right in court of law. Their are two property one is self occupied residence and other one is open plot given on 99 years lease which is in litigation and the case is pending. The brothers have taken NOC from both sister and mother by emotionally and they all appear before judge for their view and noc. It means the property to be transfer to only to both brothers. The final order yet to deliver by hon. judge. Now mother and sisters want to withdraw their NOC and want to share in the property. Sir my question is can all withdraw their NOC. what they can do. the property is in maharashtra state.


Ms.Usha Kapoor (Expert)
28 December 2017

No objection certificate has no legal validity in the face of Registered Relinquishment You Male LRs take registered relinquishment deed from your mother and sisters so as to create right, title and interest in the entire property to yourselves.Else you've got to give them their share in the property.

Vijay Raj Mahajan (Expert)
28 December 2017

NOC is given in the court has value more than Relinquishment Deed as the ultimate authority to decide the truth of the intention to allow the relinquishment of the share in favour of another person is the court, if that process has been carried and the court gives order keeping in mind the NOC of these person, nothing can be done, however if these person move the court and withdraw their NOC before the order of the court is passed on the basis of their NOC than court may consider their plea and dis-allow the case of both brother's to have exclusive share in the properties of the deceased

R.Ramachandran (Expert)
28 December 2017

@Ms. Usha Kapoor: The query is on behalf of the Mother and two sisters whether they can withdraw the NOC which they appear to have given before the Court. You are suggesting how the two male members (i.e. two brothers) can secure the property all to themselves! While claiming as Experts, are we so poor in even understanding the query - let alone providing proper answer?

@Vijay Raj Mahajan: Sir, I have serious doubt in the entire proceedings. If anybody desires a Legal Heir Certificate, they have to approach the Tehasildar's office and get the same. The Courts have no role to play, unless it is relating to issuance of the Succession Certificate (which does not appear to be the case here). Further for giving Legal Heir Certificate, NOC has no role to play. NOC given by a person will not decide the true Legal Heirs of a person. It is another thing, when there was a WILL and the proceedings are about probate of the WILL. In that case, the NOC to the WILL given by the other legal heirs, that too before a Court, will definitely have significance.
I feel, lot of information is lacking from the query, before any answer could be given.

Vijay Raj Mahajan (Expert)
28 December 2017

@ R.Ramachandran

The querist has mentioned court in his question, I know the Succession Certificate is issued by the Tehasildar of the district, but as its very common for general public to consider even the office of Tehasildar as court, more so if you have practised, the Tehasildar, SDM, DC/Deputy Collector etc. all have judicial job along with administrative job to do and decide many issues. The issuing of the Succession Certificate to the heirs of deceased is also one such job while hearing all the persons applying for the same. If the sisters and mother, state before the Tehasidhar that they have no objection is Succession Certificate issued to the two brothers and they relinquish their share in the property of the deceased, than why the Tehasildar not record their statement and decide this issue.

Ms.Usha Kapoor (Expert)
28 December 2017

If you appreciate my answer please click like.

R.Ramachandran (Expert)
28 December 2017

@Vijay Raj Mahajan: My simple answer: For legal heir Certificate - NOC has no role to play. Whether or not there is NOC, the legal heirs will remain legal heirs - no amount of NOC will take away a person's position as a legal heir.

As far as Succession Certificate - again that is only for Movable property and not for immovable property. That is not the case here. Even assuming that Legal Heir Certificate and Succession Certificates have been interchangeably used, then as far as Immovable property is concerned NOC will not work, only Registered Relinquishment Deed will do the job.

If it is the question of probate of WILL - I agree NOC has its value. But that is not the case here.

I maintain, lot of information is lacking from the query, before any appropriate answer could be given.

Vijay Raj Mahajan (Expert)
28 December 2017

I agree the facts not clearly mentioned about what proceedings taking place about the legal heir certificate or probation of will or relinquishment deed or succession certificate. The complete case file has to be checked for providing correct advise. The heirs of deceased have right to relinquish their share in favour of anyone else, this fact no one can deny and any statement made before the adjudicating authority to decide the ownership of the property of the deceased person has right to record it and decide the issue accordingly.

R.Ramachandran (Expert)
28 December 2017

With due respect, I totally disagree. Without Registered Relinquishment Deed one cannot successfully relinquish one's share in the immovable property. NOC or any other statement before any Court of law will also not alter this requirement.
I totally agree that if it is the case of probate of a WILL, then NOC before the Court will have its full force.

Advocate Bhartesh goyal (Expert)
28 December 2017

Mr.R.Ramacha�dran is absolutely right,i aģree with him.

SurenderKumar (Expert)
28 December 2017

as per quary it might be dispuite of legal right not legal heir certificate or succession certificate, thre might be matter in the court for some rights on the property so kindly suggest the quariest accordingly,
Whether at this stage both mother and sister can withdraw their NOC or they can take any other step for the same.

SurenderKumar (Expert)
28 December 2017

for the matter of admission or maintainability or status of document you all are right but the main question is not yet solved

sankar narayanan (Expert)
28 December 2017

I do stand with learned friend Mr.Ramachandran points

P. Venu (Expert)
28 December 2017

Yes, the intestate property of the father vesting jointly with all the legal heirs i.e the mother and the children, could be settled only on the strength of a registered deed.

It appears that the NOC mentioned in thee query in the context of the ongoing litigation involving property in 99 years lease. It is a moot question whether such NOC, even if accepted by court, for the purpose of substitution of legal representatives (in the litigation process) could be taken as relinquishment of rights. In my humble opinion, such relinquishment is only for the limited purpose of pursuing the case and does not amount to relinquishment of right, title or interest in the property which could only be through a registered conveyance deed.

Kumar Doab (Expert)
28 December 2017

Your post points to hint that the aggrieved party(ies) were mislead.
Let them submit their plea to the court thru their very able senior LOCAL counsel of unshakable repute and integrity specializing in such/civil matters and having a successful track record, engaged by them and satisfy the court.
What is submitted to court previously; say some sworn affidavit for consent?
In Which matter say Lease matter already under litigation?
GO thru case file carefully and note down terms/words and post in query with right facts and terms/words.
Legal heir certificate is usually issued by O/o Tehisldar.
Succession Certificate, LoA is issued by competent/jurisdictional court.



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