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Vinay Gupta   21 September 2022

Elder sister denying noc for property name transfer

Hi, 

I'm the only son living with my mother after my late father left us in 2020. I have five sisters and all are married and settled in different cities of India. I wanted to transfer the property where I and my mother lives currently which is in my father's name. But one of the sister is objecting to give NOC for the transfer of name. All other(4) sisters have signed the NOC. Elder sister doesn't want any monetary benefits or claim to the house and its just little tussle between me and her in-laws. Her husband and son are forcing her to not sign the NOC. It's just that we are not in talking terms and have not visited each other's house for more than 2 years. Is there any procedure where she can be called upon legally and made to say that in court so that I can get the name transfer done? 

What procedure should I follow for this?

Thanks. 



Learning

 9 Replies

Dr J C Vashista (Advocate)     21 September 2022

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

1 Like

Real Soul.... (LEGAL)     21 September 2022

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

1 Like

Advocate Rajamahendra Varma P (Advocate and GST Practitioner)     22 September 2022

mutual consent transfer is the best option
1 Like

Dr J C Vashista (Advocate)     23 September 2022

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 ?

 

1 Like

Sreejith S   27 September 2022

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.
1 Like

Vinay Gupta   28 September 2022

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. 

P. Venu (Advocate)     28 September 2022

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.

1 Like

Dr J C Vashista (Advocate)     29 September 2022

@ 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
 

P. Venu (Advocate)     29 September 2022

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

 

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