Elder sister denying noc for property name transfer

File a suit for partition through a local prudent lawyer impleading all LRs of your father where consenting sisters may be performa party.

if you file for partition or suit for title it will take your long portion of life..... it is better to talk to your sister.. You may request or seek appologies for your past acts.. whatever

mutual consent transfer is the best option

Originally posted by : Raja Mahendra Varma

mutual consent transfer is the best option

@ Raja Mahendra Varma ji,

Undoubtedly mustual consent is best option but presumably Mr. Vinay Gupta has sought clarification and obligation of experts on this platform after exploring failure of mutual agreement which has worked in the case of other siblings, isn't it ?

 

File a partition suit by including all the LR's in party array and make the supporting LR's to file written statment by supporting your case. but in your case you are trying to settle this in a available speedy remedies, so that try to get a relinquishment deed from the Sister and sell the property.

Thanks to all respected lawyers for replying. I would like to update the situation now. Out of 5 sisters, 3 have signed and given green signal. However, 2 sisters are also ready but their husband are not allowing and kind of threatning them not to sign.

1) Can I take police to their house directly so that the husbands cannot threaten them and they can sign easily?

2) after my father's death, is my mother the owner of the house by default?

3) if my mother is the owner by default then can she make a will in my name that after her death I will be the sole owner of the house and my sisters cannot lay claim on it?

P. S. - My sisters want to help but they cannot under the pressure of their respective husband. I need help to tackle my brother in law.

Thanks once again. 

The sisters cannot be forced to relinquish their shares or issue NOC. Police has jurisdiction in civil matters. If no amicable settlement is possible, the only is in filing a partition suit under the provisions of the Partition Act. Perhaps, once the suit is filed, chances of agreement may evolve and the Court can refer the matter for mediation or settlement.

@ Vinod Gupta,

Qustion-wise reply is as under:

1) Can I take police to their house directly so that the husbands cannot threaten them and they can sign easily?

Ans. Do you want married life of your sisters may remain disturbed for the sake of transfer of their share in  the property. in your favour? Do not take a chance.

What is the role of police in their personal decision, which your sister(s) might have taken under influence of their husband(s) / in-laws?

2) after my father's death, is my mother the owner of the house by default?

Ans. You are already aware about legal position qua succession of intestate property left behind by your father, which shall devolve (shared) equally between your mother and all siblings.

3) if my mother is the owner by default then can she make a will in my name that after her death I will be the sole owner of the house and my sisters cannot lay claim on it?

Ans. Already replied in question No 2.

However, your mother may execute a will bequeathing her share in your favour.

Best wishes
 

In my above reply,  it may please read as "Police has NO jurisdiction in civil matter".