Is my father the sole owner of the property after my mother ?

Atul Kumar Va (Querist) 24 July 2012 This query is : Resolved
The flat is 10 years old and the building also.
The flat is in my Mother and Fathers name........The payment of the flat was done by my father thru his earnings only.
As the tradition is in India to keep property in wife's name so my father kept the property in the joint name of my Mother and himself respectively.
My lovable mother expired 2 years back.
She didn't make any will.
My father is alive.

We are 3 siblings and above 35 and well settled.

Now my questions are :

1. Is my father the sole owner of the property as he has purchased the property by his own earnings and paid thru cheques from his accounts which is documented.
2. Do we siblings have any automatic legal right to the share/part in my mothers name ?
3. As my father is sole surviving name in the possession agreement, so is he the sole owner of the property and owner now ?
4. Now we siblings want and have requested the society to transfer the share certificate in my fathers name but they r asking us siblings to give them NOC to transfer share certificate in my fathers name........is this legally correct ?
As we feel that as he purchased the property by his funds so it should automatically be his only............
We only need from our society that my mothers name from share certificate be removed and only my Fathers name should remain there and correction be noted at the back of the share certificate.
But they r insisting on NOC from us 3 siblings.
If we dont have any legal right on the property then how can we give NOC and who we r to give NOC to our father ?
The property is my fathers and it should go to him automatically and shares certificates also.
We can give NOC but its not our right that we r giving NOC to our father for the property he made by his own acquired wealth and efforts.
Please suggest me what the law has to say about this as all advocates have there own opinion about this issue.
Regards.

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