Parental property transferred by sons with false means

Manish Puri (Querist) 09 May 2020 This query is : Resolved
Hi Team,

I am from Delhi. The issue is as subjected. My brothers got the NOC signed just after the death of my father (in 1981) and, claimed to transfer property to Mother’s name. Now, when our Mother died recently (Feb’2020), I got to know that they have transferred the property in their names (2 person) already. But, they have not informed me. Please suggest if I can claim my share.

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A sibling suspects their brothers fraudulently transferred parental property into their own names after their mother's death, bypassing the original intent of an NOC signed after their father's passing. The advice suggests gathering all property documents, including deeds and death certificates, and consulting a local lawyer to challenge the transfer and claim an equal share. The strength of the claim depends on the specifics of the NOC and how the property was transferred.

Raj Kumar Makkad (Expert) 09 May 2020
You need to obtain all relevant documents pertaining to said property including original ownership documents say title deed of your father, his death certificate, NOC, subsequent transfer deed/sell deed vide which the ownership has been changed in the name of 2 persons, as you allege, the death certificate of your mother and the current status of the said property and then meet a local lawyer and discuss the entire issue with him in the light of documents held by you.

P. Venu (Expert) 09 May 2020
Who had transferred? How it was transferred? Was the transfer through a registered deed?

Dr J C Vashista (Expert) 10 May 2020
What and where is the property involved in the query?
Whether the property was allotted / purchased by your father/ ancestral or acquired by any other mode of transfer? Different provisions of law apply to different type of property such as allotted by DDA / L& DO / DUSDA etc.
Who has given NOC and what is the purpose of obtaining NOC ? Presumably your brothers have taken NOC from your mother after death of your father, is it so?
Show the document to a local prudent lawyer for proper analyses, professional guidance and necessary proceeding for cancellation of sale deed, partition, possession, permanent injunction with consequential mesne profits.
For any further help / assistance you may call me at 9891152939

Rajendra K Goyal (Expert) 10 May 2020
The property was transferred on the basis of NOC given by you, if the NOC contains the clause that the property be transferred in the name of your mother, and later mother gave this property to your brothers, you have a weak case in your favor under this situation. on the other hand if NOC is calm for your mother, but can be used by your brother, your claim remain weak.

Take the copies of all relevant documents, discuss in detail with some expert lawyer.

SHIRISH PAWAR, 7738990900 (Expert) 10 May 2020
Hi,

You have to challenge the transfer in the name of other persons. Collect all relevant documents and file civil suit for declaration and possession.

T. Kalaiselvan, Advocate (Expert) 10 May 2020
you are entitled to an equal share in the proeprty left behind by your parents at par with your other siblings.
The transfer of entire properties on their names is illegal and invalid.
If they do not come for an amicable settlement or mutually agreed partition, you can very well file a partition suit and claim your legitimate share in the proeprty with separate possession.
You may discuss with a local advocate and proceed on the suggestions received.

Rajendra K Goyal (Expert) 11 May 2020
Please provide following information for further advice:

Whether property was ancestral?

When the NOC was signed by you?

What were the contents of NOC?

Whether full property was transferred in the name of your mother after your father and after signing of NOC by you? If yes, whether it was based on the NOC signed by you?

How the property was transferred in the name of two person?

When did you noticed such transfer?

Whether your mother / father left any will to the effect?

Whether the property in the name of your mother was transferred to two person during her life time, if yes, procedure / method / avenue?

Rajendra K Goyal (Expert) 11 May 2020
Sorry, the post was repeated due to site / internet problem. regret.

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Rajendra K Goyal (Expert) 11 May 2020
Sorry, the post was repeated due to site / internet problem. inconvenience regreted.

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