Anirban 13 May 2018
R.Ramachandran (Advocate) 13 May 2018
1. Please note, mutation does not give you title to the property. Therefore, whatever mutation that has been done in the records based on NOC given by your elder brother or uncle's daughter will not grant any title to the property to you.
2. Your elder brother and the daughter of your uncle being legal heirs of their respective deceased parents are entitled, in the absence of any WILL left behind by the deceased parents, to their rightful equal share in the property.
3. If at all your elder brother and the daughter of your uncle were ready to give up their share in the property, they should have done by giving a Registered Relinquishment Deed. This having been not done, they have not lost their right to claim their rightful share in the property left behind by their respective parents.
4. Your elder brother and daughter of your uncle being one of the legal heirs, and having a right in the property, YOU WILL NOT BE ABLE TO SELL THE PROPERTY WITHOUT THEM.
Helping Hand ! (Advocate ) 13 May 2018
|Originally posted by : Anirban|
|My father and uncle jointly owned a piece of land. Both of them has passed away. We are three brothers and my uncle had 1 son and 1 daughter. My elder brother granted an N.O.C on affidavit duly notarised, for mutating the property in favour of myself and my younger brother. Similarly my uncle's daughter gave N.O.C in favour of my uncle's son. I want to know if they can claim any share in the property if we sell it or enter into a development agreement with a promoter. Further, do we have to take permission from them for sale or development agreements. Kindly help.|
Rahul kandharkar (Freelance Editor Legal Consultant Author.) 18 May 2018
1. Noc is not a conveyance deed where title can be passed.
2. it is advisible to go for partition from a competent court.
3. if the terms are good among the family members it is advisible to enter into a family settlement deed.
4. please remember you will have to enter into a conveyance deed so as to secure your share / property.
further questions can be mailed to me firstname.lastname@example.org
Anirban 28 May 2018
Thanks for the valuable advice. The point is since both the concerned persons are settled in a foreign land and are of an elderly age, it is not practically possible for them to come to India and execute a family settlement and there are negligible chances of their families returning to India. But even then I don't want to leave any grey area.
As a matter of fact, we have mutually decided to enter into a joint venture agreement with a developer. Now is there any legal instrument through which it can be legally recognized that if my elder brother or his successors claims any share, I shall be solely liable to compensate him. Similarly if my uncle's daughter claims any share, my uncle's son shall be solely liable to compensate her.
Thirdly, my brother has executed Power of Attorney in my behalf and my uncle's son has power of attorney of my uncle's daughter, wherein it is stated that we can enter into any agreement including agreement for sale of land and we can take the share of the POA giver. So does that imply that the Power of Attorney holder shall be solely responsible to for claims of the POA giver.