Query on share of property/cheating
kishore kumar
(Querist) 13 May 2015
This query is : Resolved
Hello Sir/Madam,
My grandmother (Hindu Family) had a property on her name and she passed away and she has 7 children includes 3 males and 4 females, one them passed away, so now 3 males and 3 females.
Here these 3 brothers informed 3 sisters that they will construct a house on property by taking a loan in the bank and bank informed to get "NOC" from the sisters. They signed the document believing that they would construct a house on property, but these 3 brothers sold the property without even informing these sisters and took away the whole share(Money) of the property.
Is there a possibility to ask for the share(money) of the property from these brothers, as these sisters already signed a NOC document?
Regards,
Kishore
ADV-JEEVAN PATIL, MUMBAI
(Expert) 13 May 2015
Details set out in query indicate that property is to be constructed n loan obtained on ur NOC but prop. sold without ur permission 1) File cheating case 2) Recovery suit if feasible 3) Dispossession suit
kishore kumar
(Querist) 13 May 2015
Thanks for reply, but how to file a case and what is the procedure and how long will it take?
and what if the NOC document which was signed was manipulated and who signed it does not know?
Guest
(Expert) 13 May 2015
NOC for what, for construction of house or for sales of property?
state the contents of the NOC for appropriate advice.
Also, please state, whether your father was also party to this cheating program of seeling property of your deceased grandmother?
Rajendra K Goyal
(Expert) 13 May 2015
Full language of NOC and other documents need to be referred, consult local lawyer.
Civil suits may take 5-10 years in decision.
malipeddi jaggarao
(Expert) 13 May 2015
What is your relation with the original property owner. Are you/your client is grand-son/grand-daughter of son/daughter of the grand-mother? What do you mean by NOC? What papers the daughters have signed? Without giving full information no useful advice can be given.
kishore kumar
(Querist) 13 May 2015
Thank you for the reply.
I'm grandson of my grandmother who is deceased and my mother is one of the daughters of my grandmother.
The document which they signed states that gives full approval to do whatever they can with this property. But orally informed that it could be used for house construction.
Is there a possibility to ask for a share?
Guest
(Expert) 14 May 2015
Oral information has no relevance as against the written NOC.
However, you are still short of the most necessary facts of the case. So, it is better to consult some local lawyer along with documents of the case, particularly the copy of the NOC, if your mother wants to claim share of proceeds of the property.
T. Kalaiselvan, Advocate
(Expert) 15 May 2015
The NOC in the form of relinquishment and duly registered will be a valid document which cannot be challenged and even if challenged, the challenger will ultimately lose the battle. However without knowing the nature of NOC it will be improper to give you any advise hence consult a local lawyer and get his opinion on all further issues and proceed.
Biswanath Roy
(Expert) 17 May 2015
The contents of NOC is a must for claiming the share of the property. However,aggrieved sister may serve a legal notice upon the present owner of the property requesting him for apportionment her share in the existing building as the building was sold including her share within it and without her consent and knowledge.
