Stay order on inherited property
Querist :
Anonymous
(Querist) 02 June 2010
This query is : Resolved
After the death of my father I transferred the property in my name after getting NOC from my siblings.He had not made any will during his lifetime, but as per the society records I was the successor.My name is incorporated now in the Municipal corporation that the said property is transferred in my name. Now my siblings want to cancel the NOC and they also want to take a stay order on the property in the sense that I cannot sell it.I have been mantaining the said property which is a house in a co-operating housing society for more than one and half decade. Now at this time can they cancel the NOC or take stay order on the property?Please reply asap as I dont want to spend anymore of my resources on the property which I cannot enjoy as per my free-will.
B K Raghavendra Rao
(Expert) 02 June 2010
Society is not the authority to decide that you are the sole successor to your father's properties. In the absence any Will & Testament, your father's property devolves round the legal heirs in equal share. If the Municipality has incorporated your name, it does not mean that you are the owner of the property. Your children can claim their share in the property. NOC issued by your children are only for the purpose of changing the khatha of the property in the records of Society or Municipality.
Your children can file a suit for partition of the property.
