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Noc to be obtained for share transfer of flat.

(Querist) 03 July 2022 This query is : Resolved 
My mother passed away intestate. She was a joint holder of the flats with my brother as the first holder.

I have given in writing to the Society not to delete her name without my NOC.

The Society is saying that I have to file a case as my brother would file a case against me making the Society as the third party.

As per Law, Society has to seek an NOC from the Legal Heirs.

How can he make the Society a third party?

Please advise.

kavksatyanarayana (Expert) 03 July 2022
As your mother died intestate you have an equal right over the property of your mother's share. Need not necessary to add society as a third party in a suit.

SHIRISH PAWAR, 7738990900 (Expert) 04 July 2022

Yes, you have equal share in the property alongwith your brother.
You have to get legal heirship certificate from court as you and your brother are legal heirs of your mother.
Dr J C Vashista (Expert) 05 July 2022
Well analysed, opined and advised by experts, I concur.
rama gopalkrishnan (Querist) 05 July 2022
The flat has been Leased out. Can Society stop that? If the Society does it will my brother file a suit against the Society making them a third party? In that case, Society will not indulge. To go for Succession my brother should come forward. He does not want to do any such thing. There won't be a problem at all if he co-operates.

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