RANGANATHAN 07 November 2019

Partition of property

My father expired yr 2012 and my mother inherited the property for which we all four children has signed an affidavit and NOC attested by Notary and given to local authorities for change in khatha at Mysore and Bangalore Properties . Now Mother is not interested in partition , My question are following 1. What is the effect of notatised Affidavit and NOC given to my mother for transfer of Khatha for partifion appeal to court 2. All the properties of My father has been transfereed to My mother through affidavit/ NOC , I am interested in partition, can i approach court and file the case for partion , 3. How long the case will run

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3 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 07 November 2019

1. IF you have given NOC /Affidavit for Transfer of Father's property in name of Mother, THEN such transferred property's absolute Title-Ownership now vests with Mother and no partition of property is allowed further, till mother is alive.

2. You have to challenge your own NOC by revoking your NOC, in a Civil Court Suit, for matter to proceed further.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

RANGANATHAN 07 November 2019

Can My mother carry out the following

1. Gift deed to other children without my permission/clearance

2. Sell the property to others without my permission /Clearance

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 07 November 2019

1. YES. Since mother has become the "absolute title-owner" she can legally Sell /Transfer /Gift /Donate /Mortgage /whatever.... to "WHOMSOEVER" she wishes to without any legal reference /NOC /Permission of "anybody" in the family.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com