NOC from ancestral property claimants
ADV-JEEVAN PATIL, MUMBAI
(Querist) 30 August 2014
This query is : Resolved
Two brothers n two sisters r having ancestral land n house at native place. 1 sister n 1brother expired. 1 sister n expired sister's son gave NOC to other brother to sell will or gift to whomsoever he likes n left the rights. There r no other legal heirs.
My Qs r :
1) Brother has got all ancestral property in his name.Can he Will same property to any one or even his above sister's son and/or even gift n sale it at his own sole descretion?
2) Queriest Ans is Yes, he can will to sister's son(myself) or gift or sale to any one since Affidavit-cum-Noc obtained from others(including myself)
3) I am seeking my expert friends opinion whether they differ from my view/opinion.
Thanks
ajay sethi
(Expert) 30 August 2014
it is advisable to ask the sister and other legal heirs to execute Relinquishment deed in favour of brother . have it duly stamped and regd
T. Kalaiselvan, Advocate
(Expert) 30 August 2014
Learned Adv. Jeevan Patil, I would like to differ your views on the subject. Firstly it is ancestral property, wherein the property devolving upon male coparceners will further devolve upon his legal heirs (coparceners by birth), therefore the male members cannot the entire share of their properties so inherited on their own, they have divide their share among their children equally. The share inherited by female coparceners extinguishes its nature once in the hand of such share holder(coparcener), she may dispose her share of such property in any manner she desires to.
Now to your question:
The property cannot be transferred on the basis of NOC, the living sister can relinquish her rights and execute a registered release deed in favor of her brother and about other dead sister's son, he alone cannot execute a release deed, all his other siblings namely, his brothers and sisters and his father have to jointly execute a registered release deed in favor of you, once the properties (shares of property)of both the sisters are inherited, yourself can dispose these shares along with your further divided share of property alone in the manner you wish, ik.e., you can bequeath the same in favor of your nephew by a will, convey it by a registered gift deed etc.
Another brother's share of property will devolve upon his legal heirs only, and if those legal heirs are also mare in favor of this arrangement explained above, you can proceed, but make sure that you cannot take away your son and daughter share fully by yourself out of the share you inherited from our ancestral property.
Hope you understood.
